Legal Question in Civil Litigation in Maryland

Rear-end collisions in Maryland

While visiting Maryland from Kentucky, I was rear-ended by a motorist when I braked abruptly at a green light at an intersection at which I needed to make a turn. There were police witnesses to the accident who cited me for a moving violation and the driver who hit me with failure to control his vehicle resulting in an accident. The other driver obviously has no collision insurance on his rather old (1990) vehicle and is attempting to sue me for his damages.

I would appreciate an general overview of the basic law concerning rear-end collisions in Maryland and any exceptions to that those laws.

I would like to be directed to a website where I could view those laws personally.

I would like to know whether this person has to affect service on me personally or whether he can do so through the Secretary of State of Kentucky.


Asked on 7/17/03, 2:15 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Rear-end collisions in Maryland

The law involving rear end collisions in MD is that both drivers have a duty to exercise reasonable care in the operation of their vehicles. This means that you must follow the rules of the road. A sudden stop for no apparent reason, without signaling same, probably constitutes negligence on your part. By the same token, the following driver is obliged to maintain a safe distance between his vehicle and the vehicle he's behind, so as to avoid colliding with that vehicle in the event of an unexpected event. So the driver who collided with you is probably also guilty of negligence contributing to this accident. In MD, his contributory negligence would prevent him from recovering against you in a lawsuit even if a court were to conclude that you were 99% responsible and he was only 1%.

Regarding the service of suit papers, MD rules require him to serve you personally or through someone with whom you reside other than a young child. This can be done by certified mail or by a process server. If you are served, you should immediately turn the papers over to your insurance company and they will protect you, including hiring a MD lawyer to defend you.

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Answered on 7/18/03, 10:02 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Rear-end collisions in Maryland

If you require assistance, you are best advised to contact an attorney.

Your insurance company may assist you, however, their obligation is to assist you only to the extent of

policy limits. The questions you raise are fact specific and further inquiry is needed. Representing personal injury cases

is often time consumming and this is why attorney charge contingency or defense fees.

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Answered on 7/21/03, 8:53 am


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