Distracted Driving Accidents in Maryland: How To Prove the Other Driver Was at Fault

Distracted driving is one of the most common and frustrating causes of Maryland car accidents. These crashes are entirely preventable, and you have the right to hold the driver accountable, but proving fault requires more than simply knowing what happened.

Our experienced Maryland car accident attorneys help victims of distracted driving crashes and see firsthand the serious injuries that result. Find out more about the risks and evidence that can help prove the other driver was to blame.

Driving Distractions That Increase Maryland Car Accident Risks

According to the Maryland Highway Safety Office, over 50,000 distracted driving car accidents happen throughout the state each year. The Maryland Transportation Code (Section 21-1124) prohibits cell phone use behind the wheel, but other common distractions that can increase the risks include:

• Programming or looking at a GPS navigation system while the vehicle is in motion.
• Eating, drinking, or reaching for items inside the vehicle.
• Adjusting the radio, climate controls, or other in-vehicle systems while driving.
• Conversations with passengers, daydreaming, or mental distraction that cause a driver to lose focus.

Any of these behaviors, when they cause an accident, can form the basis of a negligence claim under Maryland law.

Building a Strong Distracted Driving Case in Maryland

Proving that another driver was distracted at the time of a Maryland car accident is challenging. Maryland follows the legal theory of contributory negligence, which means any suggestion that you shared fault can jeopardize your rights to compensation.

There’s no test to prove distraction, and drivers rarely admit to engaging in it, which makes gathering strong evidence vitally important. Common types of evidence that can help support a Maryland distracted driving claim include:

• Cell phone records subpoenaed from the at-fault driver’s carrier.
• Traffic and surveillance camera footage from intersections, nearby businesses, or dashcams.
• Witness statements from pedestrians, other drivers, or passengers.
• Police reports that note signs of distraction at the scene or cite the driver for a cell phone violation.
• Physical evidence, including skid marks, vehicle positions, and impact angles, that are consistent with a driver who failed to react.
• Social media activity showing the driver was posting, tagging locations, or otherwise active on their phone around the time of the crash.

Act quickly to preserve this evidence and get professional legal help to protect your rights in a Maryland distracted driving claim.

Contact Our Experienced Maryland Car Accident Attorneys Today

Distracted drivers pose serious risks on Maryland roads. When a crash occurs, Berman Sobin Gross LLP provides the professional legal representation needed to hold the at-fault driver accountable.

To get the compensation you deserve, contact our experienced Maryland car accident attorneys. We investigate what happened, gather the evidence needed to prove fault, and fight for the total amount you need to cover your property damages, medical bills, lost earnings, and other costs. Request a consultation today, as the sooner you act, the stronger your case is likely to be.

Sources:

zerodeathsmd.gov/wp-content/uploads/2023/01/FFY23_Distracted_ProgramAreaBrief-Data_Final.pdf

roads.maryland.gov/mdotsha/pages/pressreleasedetails.aspx?PageId=0&newsId=1665

dls.maryland.gov/pubs/prod/CourtCrimCivil/Negligence-Systems.pdf