Schlachman, Belsky, Weiner & Davey, P.A.

Baltimore Law Blog

Baltimore residents understand that accidents happen from time to time. These accidents are not always caused by someone's fault. Even the word "accident" evokes the thought of something unintended occurring.

However, in a personal injury lawsuit based on an auto accident, proving a negligent driver caused the accident is an element of a successful case. It is not always easy to prove liability, depending on the circumstances of the accident.

For example, a bus accident recently occurred involving more than 40 individuals from Baltimore. The charter bus was traveling when the driver claimed he swerved off the road to avoid striking an animal. As a result, the bus landed in the ditch, causing injuries to nearly a dozen passengers.

In cases like the above, it may seem to the ordinary person like there may not be any legal liability on the part of the driver. Yet, negligence does not mean a person intentionally caused the accident, but only that the person failed to exercise reasonable care.

For example, perhaps the driver above was traveling at an excessive speed at the time of the accident, or did not need to swerve to avoid the animal. Indeed, the driver in that case was charged with reckless driving. These charges could be used in a civil suit to support a personal injury claim.

Ultimately, a number of factors go into determining whether a driver was negligent. It may not always be easy to determine from the outset whether the driver who caused the accident was negligent, and therefore it is essential to work with a qualified attorney when a person is injured in an auto accident.

Source: NBC 12, "Nearly a dozen injured in Brunswick bus accident," Geneva Smith, May 18, 2013

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