Being involved in a car accident can be a horrific, not to mention confusing experience. You may have injuries that require medical treatment or have damage to your vehicle that needs repair. Pursuing compensation through an insurance claim or lawsuit can be complicated in Maryland, which follows the strict legal doctrine of contributory negligence. This means even 1% of fault by the plaintiff will bar any recovery. This article examines Maryland’s contributory negligence laws and what it means for seeking damages after an accident.
What is Contributory Negligence?
Contributory negligence is a tort law principle that completely bars a plaintiff from recovering damages if they share any fault, even 1% or less, for causing the accident. This sets an extremely high standard for plaintiffs compared to most other states.
For example, if a driver failed to check their blindspot and merged into another vehicle, causing a crash, they would be found contributorily negligent. Even if the other driver was speeding or also acted negligently, the plaintiff’s oversight would prevent them from claiming compensation.
Maryland is one of only four states that still follows this all-or-nothing contributory negligence rule. The legal doctrine originates from English common law and has remained in place despite criticism that it is inherently unfair to plaintiffs.
Proving Fault in a Maryland Car Accident
With contributory negligence, the burden is entirely on the plaintiff to prove the defendant’s complete and sole fault for the accident. Even a small mistake like briefly glancing at a cell phone could jeopardize the right to damages.
Plaintiffs must be prepared to show clear evidence the defendant acted negligently, such as:
- Speeding excessively or racing
- Ignoring traffic signals or stop signs
- Driving aggressively or recklessly
- Driving while impaired by alcohol or drugs
- Distracted driving like texting
Witness testimony, accident reconstructions, and police reports are key. Since plaintiffs only get one chance in court, building a strong case with experienced legal counsel is essential.
Overcoming Contributory Negligence Defenses
Defense attorneys will look for any minor errors by the plaintiff to argue contributory negligence. Failing to yield, improper turning, or even poor maintenance like bald tires could establish shared fault.
However, exceptions like “last clear chance” allow a plaintiff to overcome contributory negligence if the defendant had an opportunity to avoid the accident but still failed to do so. An attorney can advise whether any exceptions may apply.
Speaking with a Maryland Accident Attorney
Pursuing car accident claims in Maryland requires strategic legal representation. An attorney knows how to thoroughly prove fault while deflecting contributory negligence arguments. They can also assess any exceptions that could override this strict rule.
Consult our experienced team at Monge & Associates if you’ve been injured in an accident in Maryland. With 32 offices in 19 states, including Maryland, Mississippi, and Ohio, we have the resources to build strong cases for clients injured in Maryland accidents. Contact us at (888) 477-0597 for a free case review. Our goal is maximizing the compensation you deserve under Maryland’s tough contributory negligence laws.