Steps to take if another driver ran a stop sign and hit your car in Maryland

Detailed answer

If another driver ran a stop sign and caused a crash, you can pursue a personal injury claim against that driver and their insurance company. Below is a clear, step-by-step guide to protect your legal rights under Maryland law, what to expect when you make a claim, and when you may need to file a lawsuit.

1. Immediate safety and medical steps

1. Call 911 if anyone is injured. Get medical attention right away even for minor injuries. Documentation of treatment is key evidence for any injury claim.
2. Move to a safe place if you can. If the vehicles must stay where they are for a police investigation, follow officer instructions.

2. Create and preserve evidence at the scene

• Call the police and make sure an official report is created. The police report is often important to prove that the other driver ran the stop sign.
• Take photos and video of vehicle positions, damage, skid marks, traffic signs (for example, the stop sign), your injuries, and the overall scene.
• Collect contact and insurance information from the other driver(s) and contact details for any witnesses. Record the names and badge numbers of responding officers.
• Do not admit fault at the scene. Stick to objective descriptions when speaking to police and insurance adjusters.

3. Report the crash to your insurance company

Notify your insurer promptly. Maryland drivers must comply with policy notice obligations. Provide facts, the police report number (if available), and contact information for the other driver and witnesses.

4. Document your injuries and damages

• Keep all medical records, bills, receipts for prescriptions, physical therapy notes, and notes about how injuries affect daily life and work.
• Track vehicle repair estimates, car rental or transportation costs, and any other out-of-pocket expenses related to the crash.

5. Filing an insurance claim vs. filing a lawsuit

Most injury claims start with a demand to the at-fault driver’s insurer. A typical process:

1. Submit a written demand describing the collision, the injuries, medical records, and a request for settlement.
2. The insurer investigates, makes a liability and damages evaluation, and issues an offer or denial.
3. If the offer is unreasonable or liability is contested, you can negotiate, pursue mediation, or file a civil lawsuit.

6. When you must file a lawsuit (statute of limitations)

In Maryland you generally must file a civil action for personal injury within three years after the date of the injury. Missing this deadline can bar your right to sue. See Maryland Code, Courts and Judicial Proceedings § 5-101 for the statute of limitations for personal injury claims: Md. Code, Cts. & Jud. Proc. § 5-101.

7. Fault and Maryland’s negligence rules

A driver who runs a stop sign and hits you is likely negligent because they violated a traffic duty. However, Maryland follows a strict common-law rule regarding negligence that can affect recovery: under Maryland law, if a plaintiff is found even slightly at fault, that finding can bar recovery in many situations (this is known as the contributory negligence doctrine). Because of this, careful documentation that the other driver ran the stop sign and caused the crash is critical.

8. How damages are calculated

Damages in a Maryland personal injury case can include:

• Medical expenses (past and future)
• Lost wages and lost earning capacity
• Property damage (vehicle repairs or replacement)
• Pain and suffering, emotional distress
• Loss of enjoyment of life or scarring and disfigurement

9. When to consider hiring an attorney

Consider an attorney if any of the following apply:

• You have significant injuries, ongoing treatment, or substantial medical bills.
• The insurance company denies fault or makes a low offer.
• Liability is disputed, there are serious legal issues, or the contributory negligence defense is a risk.

Many personal injury attorneys in Maryland handle car wreck cases on a contingency fee basis (they collect a percentage only if you recover). An attorney can handle evidence collection, communications with insurers, and filing a lawsuit before the statute of limitations runs.

10. Practical timeline and next actions

1. Day 0: Call 911, get emergency care, and document scene.
2. First week: See your doctor, file insurance notices, gather witness contact info, and request the police report.
3. Weeks 2–12: Follow medical treatment, preserve records, obtain repair estimates, and consider an attorney consultation.
4. Before 3 years: File suit if needed (see statute cited above).

Helpful hints

• Get the police report number and officer name—this report can strongly support the fact the other driver ran a stop sign.
• Use your smartphone to photograph signs, vehicle damage, and injuries immediately and through recovery stages.
• Keep a daily injury journal describing pain, limitations, and treatment progress—this is useful for proving non-economic damages.
• Do not accept the first quick settlement offer without checking how it covers future medical needs and lost earnings.
• Preserve all original bills, prescriptions, and repair estimates. If you must dispose of damaged items, photograph them first.
• Do not post detailed descriptions of the crash or injuries on social media. Insurers often monitor posts for damaging statements or images.
• If an insurer requests a recorded statement, get legal advice first—statements can be used to challenge your claim later.
• Talk to at least one Maryland personal injury attorney for a free consultation if your injuries or damages are significant. They can explain how Maryland law (including the contributory negligence issue) may affect your case.

Important disclaimer: This article provides general information about Maryland law and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Maryland attorney.