Jurisdiction Differences
Maryland Lawyer
One of the complications of living in the Maryland area is the close proximity of three different legal jurisdictions. Many people pass through Maryland, Virginia, and the District of Columbia on their daily commute. Not only do road maintenance and signage change while moving from one place to another, but the laws regarding auto and truck accidents change from state to state.
This page highlights some of the insurance and legal issues that you will face in resolving your auto accident claim and talks about the differences in laws between the jurisdictions.
Insurance Requirements
Every jurisdiction requires that you carry insurance as a prerequisite for registration and operation for your vehicle. In general, there is a level of minimum liability coverage you must carry, that is, the amount of insurance you are required to carry to cover damages you cause to other individuals and their property in an auto accident. Maryland, for example, requires that you carry $20,000 worth of minimum liability coverage per individual and $40,000 per accident for injuries, and $15,000 for personal property coverage. You may also be required to carry other forms of insurance, such as Uninsured Motorists coverage, which covers you in the event you are involved in an accident with an uninsured motorist, or Personal Injury Protection (PIP), which covers you for accidents you suffer as a result of your accident. Maryland requires uninsured motorist coverage, and PIP coverage, unless you sign a waiver.
Contributory vs. Comparative negligence
In a contributory negligence system, a person can recover damages only if he or she did not contribute to the accident. If a court finds you even 1% responsible for your accident, you can recover no damages.In a comparative negligence system, the amount you recover depends on the level of your fault for an accident. Thus, if a court finds you are only 1% responsible for your accident, you can still recover 99% of your damages. In most states, however, you can only recover damages if a court finds you are 50 or 49% at fault for your accident. Maryland, for example, is one of the few states that follow a pure contributory negligence system.
Joint and Several Liability
Under a system of joint liability, each defendant is liable up to the total amount of any judgment. How the defendants arrange to pay the total amount is up to them. In contrast, a system of several liability means that each defendant is responsible only for the portion of liability for which the court decides they are responsible. Under a system of joint and several liability, each defendant is ordered to pay a share of the damages determined by the court, but if any defendant cannot pay, then other defendants are required to pay up to the full amount of the damages. Maryland follows a system of joint and several liability.
Statutes of Limitations
A statute of limitations is the amount of time you have to file your claim following your accident. If you do not file your claim within the given amount of time, you forfeit the right to recover any possible damages to which you may have been entitled. In Maryland, for example, you have 3 years to file a personal injury claim.
Seatbelt and Helmet Laws
Most states have enacted some form of seatbelt law, requiring that drivers and passengers wear their seatbelts when riding in the car. Many states also have helmet laws, requiring all motorcycle riders to wear helmets. Maryland, for example, has both a seatbelt law, affecting all passengers age 16 or older, and a helmet law, affecting all riders age 15 or older. However, the failure to wear a seatbelt or helmet will not prevent your right to recover in Maryland. In fact, this is usually not admissible in a court of law.
For a more specific summary of the laws in Maryland, Virginia, and Washington, D.C., please click below.
Maryland Law Summary
Virginia Law Summary
District of Columbia Law Summary
These pages highlight just some of the most relevant laws, and do not get into the complications of where you should file your case. To learn more about the possibilities related to your auto accident or truck accident claim, contact the experienced accident attorneys at Chaikin, Sherman, Cammarata, and Siegel, P.C. today for a free consultation and case evaluation.
