Drunk Driving Accident Lawyer Maryland: Your Civil Rights Explained
A crash caused by an impaired driver is not just an accident. It is a preventable harm. If you or a loved one was injured, you may be dealing with medical bills, lost income, and the frustration of watching a criminal case move forward while your own recovery is left in limbo.
What many victims do not realize is that the criminal case and your right to compensation are two separate things. At Falodun Law, we help drunk driving victims pursue the civil claim they are entitled to. If you were hurt in a car accident caused by an impaired driver, this guide explains how a civil claim works and what steps can help protect it.
The Criminal Case vs. Your Civil Claim
When a driver is charged with driving under the influence, the case is brought by the State or the District. The prosecutor represents the public, not you. A criminal conviction may bring jail time, fines, or license penalties, but it does not pay your medical bills or replace your lost wages.
A civil personal injury claim is how you seek compensation for your own losses. It proceeds on its own timeline and under a different standard of proof, so a civil claim can go forward whether or not the criminal case results in a conviction.
This means you do not have to wait for the criminal case to end before understanding your options. Speaking with an attorney early can help you protect evidence and plan your next steps while the criminal case is still pending.
Impairment and Negligence
Maryland prohibits driving while under the influence of alcohol (Md. Code, Transp. §21-902, and both Maryland and D.C. treat a blood alcohol concentration of 0.08 or higher as a per se violation. Evidence of impairment, such as police observations, breath or blood test results, and witness accounts, can be powerful proof that the driver breached the duty to drive safely.
Who May Be Responsible?
The impaired driver, for negligent and reckless operation of the vehicle
An employer, if the driver was working or on a work errand at the time
In limited circumstances, other parties who helped put an already-intoxicated person behind the wheel. The law here is narrow and fact-specific, so it takes careful legal review
An attorney can also help identify every available source of recovery, including insurance coverage. For example, see our guide on uninsured and underinsured motorist claims in Maryland.
Maryland and D.C. Legal Considerations
Contributory Negligence
Maryland and Washington, D.C. both follow the contributory negligence rule, one of the strictest fault standards in the country. If you are found even 1% at fault for the crash, you may be barred from recovering any compensation at all. Even when the other driver was clearly impaired, insurers may look for any argument that you contributed to the crash.
Statute of Limitations
In Maryland, you generally have three years from the date of the accident to file a personal injury lawsuit (Md. Code, Cts. & Jud. Proc. §5-101). Washington, D.C. also applies a three-year statute of limitations (D.C. Code §12-301). Waiting too long can put your claim at risk, and evidence is easier to preserve when you act early.
Punitive Damages
In rare cases, courts may award punitive damages meant to punish especially egregious conduct. In Maryland, this generally requires proof of actual malice by clear and convincing evidence, which is a high bar. An attorney can evaluate whether the facts of your case could support it.
Steps to Take After a Drunk Driving Crash
Because some of this evidence can disappear quickly, it helps to act early. The police report, witness information, and photographs from the scene can all support your claim.
1. Call 911
Police can investigate for impairment and document evidence that may disappear quickly.
2. Get Medical Attention
Seek treatment right away and follow your doctor’s recommendations. Medical records also help connect your injuries to the crash.
3. Document What You Can
Note signs of impairment you observed, take photographs, and gather witness information.
4. Request the Police Report
It will contain the officer’s observations, any test results, and citations or charges.
5. Speak With an Attorney Before Talking to Insurers
Do not give a recorded statement or accept a quick settlement before understanding the full extent of your injuries.
What Damages Can You Recover?
Past and future medical expenses
Lost wages and diminished earning capacity
Pain and suffering
Emotional distress
Property damage
Permanent disability, scarring, or disfigurement
Wrongful death damages for surviving family members
