Serving Defendants in Accident Cases

Sometimes, one of the hardest part of a Maryland car accident lawsuit is serving the defendant.  If the defendant wants to be slippery he/she can make it hard.  Eventually the process server our car and truck accident lawyers use are going to get you.  But with an obstructionist defendant, it can take time.  The ancillary problem is the defendant who claim he was never served.  Maryland courts make fighting this nonsense somewhat easy:

[T]he return of service of process is presumed to be true and accurate and a mere denial by a defendant, unsupported by corroborative evidence or circumstances, is not enough to impeach the return of the official process server."  Ashe v. Spears, 263 Md. 622, 627, 284 A.2d 207 (1971).  "This is because the affirmative testimony of the process server acting in the regular routine of duty without a motive to misrepresent must be preferred to the negative evidence of one claiming not to have been served, either for reasons of public policy or as a matter of probability."  Id. at 628, 284 A.2d at 210.  "But the burden of proof is on the person denying he was served, and this burden can only be discharged by adducing conclusive and unrefuted testimony or circumstances, which must be... clear and convincing.  Id.

If you have been seriously injured in a car accident in Maryland, call 800-553-8082 for a free consultation.  Our car accident lawyers are only accepting serious injury accident case.