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Serving Injury & Accident Victims
in Maryland, Virginia, and DC
"Thank you so much for all your guidance and support during this difficult period in my life.I Will Never Forget Your Compassionate Professionalism And Unparalleled Legal Expertise." -Zachary P..
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"I had a tough case in the beginning but it ended wonderfully and I grossed more than I expected. I recommend each & everyone who has an accident or any other legal matters, to please call Duboff & Assoc." -Terrence Edwards.
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A car accident can happen in a matter of seconds, but the aftermath can affect your health, finances, and future. Whether the crash is a minor fender bender or a more serious collision, knowing what to do immediately afterward can make a major difference in protecting both your physical well-being and your legal rights.
In Maryland, car accident victims may be entitled to compensation for medical expenses, lost wages, physical pain and mental suffering, property damage, and other losses. However, the things that you do right after a crash can directly impact your ability to recover money for these damages. Our Silver Spring car accident attorneys will advocate for your rights and help you get maximum compensation for your injuries.
At DuBoff & Associates, we are fierce advocates for clients throughout Maryland who have been hurt in all types of motor vehicle accidents. We handle all auto crashes on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a Silver Spring personal injury lawyer, contact our law firm today.
It isn’t always easy to know what you should do after being involved in a traumatic incident like a car crash. Below is a guide that spells out what you should do immediately after a car accident in Maryland. If you have questions, you can always reach out to us to talk to a seasoned personal injury attorney.
The first priority after any type of accident should be safety. If possible, move your vehicle to a safe location away from traffic. Turn on hazard lights and check yourself and others for injuries. Even if the crash appears minor, it is often a good idea to call 911 and request police assistance.
Maryland law requires drivers to stop after an accident involving injury, death, or property damage. Drivers involved in a collision that caused personal injury are also required to report it to law enforcement. Leaving the scene of an accident can result in serious criminal penalties.
When emergency responders arrive:
A police report can become important evidence in a future insurance claim or personal injury lawsuit.
One of the most important things you can do after a Maryland car accident is seek medical treatment right away. Some injuries are obvious immediately after a crash, such as broken bones or lacerations. Others may not show symptoms for hours or days after, such as whiplash, concussions, soft tissue injuries, and back injuries.
Adrenaline can temporarily mask pain, leading some people to believe that they are fine when they actually suffered serious injuries. Prompt medical treatment is important for two major reasons:
Even if you feel mostly ok, it is a good idea to get a medical evaluation after any car accident within 36 hours.
Maryland drivers involved in an accident should exchange important information with one another. Be sure to collect:
If there are witnesses nearby, try to obtain their names and contact information as well. Witness testimony can become extremely valuable if liability is later disputed.
Remain calm and polite during these interactions, but avoid discussing fault or apologizing for the accident. Even simple statements such as “I didn’t see you” may be later used against you by insurance companies.
Evidence can disappear quickly after a car accident. If you are physically able, document the scene thoroughly before vehicles are moved or debris is cleared away.
Helpful evidence may include photographs or videos of:
These images can help to establish how the collision occurred. They can also be useful to support your claim later.
Most insurance policies require drivers to report accidents promptly. When contacting your insurance company:
If the other driver’s insurance company contacts you, you do not have to give them a statement. Insurance adjusters may appear friendly, but their goal is to reduce the amount that a company pays on a claim. It is generally better to speak with a Silver Spring car accident attorney before discussing the case with the at-fault driver’s insurance company.
Not every car accident requires legal representation. For example, if you were involved in a truly minor fender bender with no injuries, then you may be able to handle the claim on your own. However, many injury claims become far more complicated than people initially expect.
An experienced Maryland personal injury lawyer can:
Having legal representation is especially important in Maryland, given its strict contributory negligence rules. An attorney can advocate for you so that you can get justice for your accident.
The moments after a car accident can feel overwhelming and chaotic. That can make it even more difficult to think clearly and make smart decisions in the immediate aftermath of a crash. However, if you can remember the steps outlined in this guide, you can protect your rights and achieve a far better outcome for your case.
At DuBoff & Associates, we work hard to help our clients achieve justice for their car accident cases. Our experienced team of car accident attorneys will fight to get you maximum compensation for your injuries. To learn more or to schedule a free initial consultation with a Maryland car accident lawyer, give us a call at 866-210-6821 or fill out our online contact form.
Being involved in a car accident is stressful under any circumstances. But when you learn that the driver who hit you was intoxicated, the situation becomes even more serious. Drunk driving accidents often lead to severe injuries, extensive property damage, and long-term emotional trauma.
If you are injured by an impaired driver in Maryland, you can sue the at-fault driver. Under negligence per se laws, proving that a drunk driver is liable for your injuries may be far simpler compared to typical car accident cases. Our Silver Spring car accident attorneys will fight to get you maximum compensation for your losses after a Maryland drunk driving crash.
At DuBoff & Associates, we are fierce advocates for clients who have been hurt in all types of accidents, including car accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents. We will fight to get you the money that you deserve for your injuries and will never charge a fee unless we recover money for you. Contact our law firm today to talk to a Maryland personal injury lawyer about your drunk driving accident claim.
Drunk driving (DUI) is not only a criminal offense in Maryland. If a drunk driver causes a motor vehicle accident, they can also be held liable in a civil lawsuit.
When a drunk driver causes an accident, they can face criminal charges brought by the state in addition to civil liability for the harm that they caused. These are two separate legal processes.
Even if a driver is arrested or convicted of a DUI offense, you won’t automatically get compensation for your injuries. To recover damages (money), you must pursue a personal injury claim against the at-fault driver.
In a civil case, the focus is on financial compensation rather than punishment. However, the fact that a driver was under the influence of drugs and/or alcohol can significantly strengthen your case.
In Maryland, the injured victim (plaintiff) generally has the burden of proving that the at-fault party (defendant) caused their losses. Typically, these cases are brought under a theory of negligence (carelessness). In drunk driving cases, proving negligence is often easier because of Maryland’s negligence per se rules.
Negligence per se is a legal standard that allows a plaintiff to establish negligence by proving that the defendant violated a law or regulation. The burden then shifts to the defendant to prove that they were not negligent. To show negligence per se, a plaintiff must demonstrate:
DUI laws are a classic example of laws that were intended to protect public safety. If someone violates Maryland’s DUI laws and causes harm as a result, the fact of the DUI itself can establish negligence. It would then be up to the defendant to prove that their actions were not negligent.
In drunk driving cases, there is often a lot of evidence to prove fault. This may include police reports documenting the defendant’s intoxication, breathalyzer or blood test results, the results of field sobriety tests, witness statements, and video footage.
An arrest or conviction can also be strong evidence that the defendant violated Maryland’s drunk driving laws. However, it is important to note that you can still pursue a personal injury lawsuit even if the defendant has not yet gone to trial or been convicted. A civil case is separate from any criminal consequences that the defendant might face.
If you can prove that the drunk driver caused your accident, then you may be able to recover money from them. This may include money for both your direct and indirect losses (economic and non-economic damages). In rare cases, you may also be able to recover punitive damages.
Economic damages pay for your financial losses. This may include money for your medical bills, future medical expenses, lost wages, reduced earning capacity, and property damage. These losses are usually readily documented through invoices, estimates, bills, and paystubs.
Non-economic damages pay for your intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. These damages can be harder to prove, as you won’t get a bill in the mail for your emotional trauma. However, a skilled Maryland car accident attorney will use their experience and work with experts to establish a claim for your non-economic losses.
In some cases, you may also be able to recover punitive damages. This category of damages is a bit different because instead of compensating a victim, the goal is to punish a wrongdoer. Punitive damages are not awarded in typical negligence cases.
In Maryland, there is an extremely high bar to get punitive damages. The plaintiff must prove by clear and convincing evidence that the defendant acted with actual malice. This means showing that the defendant acted with evil intent, ill will, or a deliberate intent to harm.
In many states, punitive damages are often awarded in drunk driving cases. However, it is extremely difficult to get punitive damages for a drunk driving accident in Maryland, given the requirement that the plaintiff show “actual malice.” Your Silver Spring car accident attorney can help you understand your rights and the potential for recovering punitive damages in your case.
If you are hurt by a drunk driver, you might be scared, upset, and just plain overwhelmed. You might also be wondering what your legal rights and options are when it comes to pursuing a legal claim. Our law firm can help you get the money that you deserve for your injuries.
DuBoff & Associates represent clients who have been hurt in drunk and drugged driving accidents in the DMV area. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Maryland car accident lawyer, give us a call at 866-210-6821 or fill out our online contact form.
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Bad weather can turn an ordinary drive into a dangerous situation in a matter of seconds. In Maryland, drivers can encounter heavy rain, snow, ice, fog, and high winds. Any of these weather conditions can reduce visibility, limit traction, and increase stopping distances.
If you are injured in a crash during bad weather, the other driver may still be responsible for the accident. Motorists still have an obligation to drive safely based on the weather conditions, which may include taking steps like slowing down or even pulling off the road if it is too hazardous. Our Silver Spring car accident attorneys will work hard to prove fault and get you maximum compensation for your injuries.
At DuBoff & Associates, we represent clients who have been injured in all types of motor vehicle accidents, including truck accidents, car accidents, bicycle accidents, pedestrian accidents, and motorcycle accidents. We have deep experience in Maryland law, which we put to work to help our clients get the money that they deserve for their losses. Reach out to our law firm today to talk to a Silver Spring personal injury lawyer about your case.
In Maryland, drivers have a duty to operate their vehicles safely. This includes adjusting their driving to account for weather and road conditions. In fact, under Maryland law, drivers are required to adjust their speed and behavior in hazardous conditions like snow, rain, or ice.
Depending on the specific weather conditions, drivers may need to:
In Maryland, we get a range of bad weather, from snow and ice to fog and heavy rainstorms. Weather-related crashes can include things like hydroplaning during heavy rain, lane departures due to high winds, rear-end collisions on icy roads, loss of control in snowstorms, and multi-vehicle pileups in dense fog.
For these and other types of motor vehicle accidents, the key question will be whether the driver operated their vehicle reasonably, given the weather conditions. For example, driving 55 miles per hour (mph) in a 55 mph zone might be perfectly fine in perfect weather conditions. After a snowstorm, even driving 50 mph in a 55 mph zone might be unsafe.
If you are hurt in an accident during bad weather conditions, it may not have simply been an “act of nature” or otherwise unavoidable. Drivers who don’t operate their vehicles safely for the weather can still be held accountable for any injuries that they cause. Our Silver Spring car accident lawyers can help you get compensation for your losses.
Most car accident cases in Maryland are based on a theory of negligence (carelessness). Generally, to recover compensation under a negligence standard, the accident victim (plaintiff) must prove the following:
Bad weather does not eliminate a driver’s duty to use reasonable care. Instead, it actually increases the amount of caution that a driver should use when operating a motor vehicle. A driver who fails to slow down on icy roads or who doesn’t replace bald tires can be held responsible if they cause an accident, even if the weather contributed to the crash.
Proving fault for a bad weather accident requires supporting evidence. Our law firm will thoroughly investigate the case to build a strong claim, using evidence such as:
Remember: if weather conditions are dangerous, drivers have a responsibility to slow down, avoid travel entirely, or simply drive much more cautiously. If a driver makes a sudden lane change in bad weather, uses cruise control in rainy weather, tailgates on icy roads, or doesn’t turn on their headlights in the rain or fog, they could be held liable for any accident that results.
In most states, you can still recover financial compensation for an accident even if you were partially responsible under comparative negligence rules. Maryland is one of just a handful of states, including Virginia and Washington, D.C., that follows a strict contributory negligence rule. Under this law, if you are found even 1% at fault for an accident, you may be barred from recovering any compensation.
This makes proving fault in weather-related crashes even more important. Insurance companies know that Maryland has a harsh contributory negligence rule, and may try to shift blame to you to avoid paying your claim. Our experienced Silver Spring car accident attorneys will work hard to not only prove that the other driver caused your accident, but that you bore no responsibility for the crash.
Maryland’s contributory negligence rule makes it incredibly important that you do not talk to an insurance adjuster after an accident without consulting with a lawyer first. Even a minor admission of fault can jeopardize your claim.
Always remember that the insurance company’s goals are directly opposed to yours. The insurer wants to resolve your case for as little money as possible, while you want to get maximum compensation. Before you answer a call from the insurance company or give a statement of any kind, you should always talk to a Silver Spring car accident attorney.
If you can prove that the other driver was responsible for the accident, then you will be able to recover compensation. This may include money for your:
Our Silver Spring personal injury lawyers will fight to get you the compensation that you deserve. Reach out at any time to schedule a free consultation with a member of our team.
Weather-related accidents can cause serious injuries. In these situations, proving that the other driver was responsible for the accident is incredibly important. Our law firm will establish fault and help you get maximum compensation for your injuries.
DuBoff & Associates works hard to get our clients justice after a car accident, investigating each claim to prove fault and establish their right to full compensation. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Maryland car accident lawyer, give us a call at 301-495-3131 or fill out our online contact form.
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What to Do After a Hit-and-Run Accident in Maryland
You’re driving home from work on a rainy evening in Baltimore City. Traffic is heavy, and as you approach a red light, the car in front of you stops abruptly. Although you quickly slam on your brakes, you can’t avoid rear-ending them. After the accident, you provide the at-fault driver with your information, take a few photos, and think everything is handled.
Weeks later, you’re served with legal documents, which turn out to be a personal injury lawsuit from the other driver. They’re claiming you caused serious physical injuries and damages, although they initially stated they were only shaken up and their car didn’t seem to be in bad shape. You start to worry about what this lawsuit could mean for your insurance coverage and your financial situation.
This scenario is more common than you might think, and if you find yourself in a similar position, it’s important to act fast and take steps to protect yourself. In this article, the legal team at DuBoff & Associates explains what you need to know.
Negligence is at the heart of most auto accident lawsuits. In simple terms, negligence happens when an at-fault driver fails to exercise reasonable care, resulting in harm to others. Many states observe a comparative negligence standard, where a plaintiff’s compensation can be lowered according to their percentage of fault, but Maryland applies a particularly strict legal standard called the contributory fault rule. Under this rule, if you’re found to be even 1% at fault, you could be barred from recovering damages in a personal injury claim.
In lawsuits like these, the plaintiff may seek economic and non-economic damages for things like:
Understanding how liability and damages are calculated in Maryland can help you prepare for what’s ahead.
If you’re sued, here are some potential consequences you might face:
When you’re served with a lawsuit, the actions you take early on will set the foundation for how the case unfolds. Here are the most important steps to follow.
Getting sued can stir up panic, frustration, or even anger, but keeping your composure is critical. Responding emotionally (whether to the plaintiff, the court, or even your own insurance carrier) can lead to poor decisions that hurt your case.
Avoid admitting fault, even casually. For example, never say something like, “I didn’t see the car coming” or “It was an accident, but I’m sorry.” These statements, no matter how innocent they seem, could be used to portray you as the at-fault party. Instead, stick to the facts and let the legal process determine what happened.
When you’re served, you’ll typically receive two main documents: a complaint and a summons. The complaint details the claims being made against you, while the summons provides important deadlines for your response.
Here’s what to look for:
If any part of the complaint seems unclear, make a note of it to discuss with your car accident attorney. Being thorough at this stage will help you stay ahead.
Most auto insurance policies require you to notify your insurer as soon as possible after receiving notice of legal action. Failing to do so could have a negative impact on your coverage and potentially leave you responsible for legal fees or damages.
When speaking with your insurance company, provide them with the following:
Many insurance policies include “defense coverage,” meaning the insurer will provide a car accident lawyer to represent you. This insurance company attorney may also handle settlement negotiations on your behalf. However, keep in mind that your insurance company’s primary goal is to limit their own payout, so their priorities aren’t exactly the same as yours during this challenging time.
Even if your insurance adjuster provides a lawyer, it’s often in your best interest to seek independent legal advice. Here’s how an experienced attorney can help:
Time is not on your side when you’re sued for a car accident. Maryland courts have strict deadlines, and insurance companies expect prompt reporting of accident claims. Acting quickly ensures you have more options and helps prevent unnecessary complications.
If you’re facing a car accident lawsuit in Maryland, don’t leave anything to chance. At DuBoff & Associates, we understand the stress and uncertainty that come with legal claims, and we’re here to help you address them. Our experienced lawyers will review your situation, help you understand your options, and fight for the best possible resolution, whether that means negotiating a settlement or taking the case to court. Contact our law firm today for a free initial consultation.
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Car Accidents in Rain, Snow, and Ice: Proving Fault in Maryland Weather-Related Crashes
In the aftermath of a car accident, determining who is at fault is a priority, as the answer dictates which party (or parties) may receive compensation. This question is even more critical in states like Maryland, Virginia, and DC, which follow the contributory negligence standard. In these states, a car accident victim is barred from collecting damages even if their share of fault is only 1%, so there’s a lot hanging in the balance.
Fault also dictates which insurer pays compensation. In Maryland and Virginia, the insurance company for the at-fault party pays for any resulting personal injuries or vehicle damage. Washington, DC, follows the no-fault rule, which means that injured drivers will file a claim with their own auto insurers, regardless of who was at fault. At the same time, injured passengers typically seek compensation from the no-fault policy of the driver they were traveling with.
While victim and eyewitness statements can help pinpoint liability, vehicle damage tells its own story. At DuBoff & Associates, Chartered, we have used crushed fenders, buckled passenger doors, and other types of impact damage to support client claims and help them win the compensation they need and deserve. This blog explains how damage to a vehicle can help determine fault as well as affect the value of your claim.
When a crash occurs, investigators often use multiple forms of evidence to determine fault. Depending on the circumstances of the accident, this evidence may include the following:
The vehicles themselves can provide the most compelling clues to liability. The location and extent of the damage can tell a lot about what each driver was doing just before the crash occurred as well as the context of the accident.
When you look at the damage to a vehicle after a car accident, you can sometimes reconstruct what happened. For example:
In addition:
When it comes to documenting what happened after a car accident, the old saying “a picture is worth a thousand words” holds especially true. If you’re able to move and your phone hasn’t been damaged, try to get pictures and video of the following:
Taking photos of the accident scene is crucial not only for remembering what happened but also for proving your case against the other party. You can ask someone else to take pictures for you if you are hurt or unable to do so yourself. Tell them precisely what crash scene photos you need, and make sure they get clear images.
In most accidents, the insurance company initially determines who was at fault for the crash. Investigations are usually conducted by claims adjusters who will:
An accident investigation will typically begin with whatever the claims adjuster can accomplish from their office. If necessary, they will conduct some fieldwork to complete the investigation. This may include:
Getting compensation from the insurance company should be straightforward when you have expensive medical bills, vehicle damage, and maybe even a temporary loss of income. However, this isn’t always the case, even in a no-fault state like Washington, DC.
The reality is that insurance companies aren’t interested in helping you get the money you deserve. You can expect them to do whatever they can to prevent or limit your payout. Even when your vehicle damage claim is legitimate, many will deny it for reasons like the following:
In the absence of a car accident claim lawyer, insurance companies will not hesitate to take advantage of you. They may unnecessarily delay your claim processing or make it difficult to contact the adjuster handling your case. By using these strategies, they intend to make you cave in under financial pressure and be eager to accept any lowball offer they may present. Hiring an attorney will protect your legal rights and ensure that your vehicle damage claim gets the attention it deserves.
When you file a vehicle damage claim against the at-fault driver’s auto insurance company (Maryland and Virginia) or with your own insurer (Washington, DC), you can include the value of the damage to your vehicle. In Maryland, the mandated minimum coverage for property damage is $15,000, while in Virginia it’s $20,000, and Washington, DC requires a minimum of $10,000. Adding repair costs and other expenses associated with restoring your damaged vehicle can increase the overall value of your car accident claim.
Every state has its own statute of limitations for property damage claims arising from a car accident. In Maryland and Washington, DC, the deadline is three years after the accident while Virginia requires claims to be brought within five years maximum. However, most car accident claims are brought and settled long before these timelines run out.
There is no guaranteed timeline for settling a car accident claim. Some cases are resolved within a few weeks. Others take longer. Factors like the following tend to have the greatest impact on how long it takes to settle:
However, the following factors tend to have the greatest impact in most cases:
In most situations, faster is not always better-especially if the insurance company is refusing to pay you a reasonable amount for your claim. With our legal knowledge and investigative resources, DuBoff & Associates, Chartered is ready to help you get maximum compensation as quickly as possible.
Gathering evidence is the first step in proving fault after an accident, and vehicle damage can provide compelling support for your side of the story. However, insurance companies are rarely eager to make a fair initial settlement offer and if they can assign any degree of blame to you, you can be barred from receiving compensation.
For this reason, you should consult an experienced car accident claim lawyer who can help you build a strong case and pursue a fair outcome. At DuBoff & Associates, Chartered, we have been protecting the rights of injured clients for over three decades and will fight for the financial recovery you need to rebuild your life after a serious accident. To schedule a free consultation, call us today at 866.210.6720.
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Car Accidents in Rain, Snow, and Ice: Proving Fault in Maryland Weather-Related Crashes