The Law of Contributory Negligence in Maryland

Contributory negligence is a legal defense that can be used in Maryland auto accident claims to prevent an injured victim from recovering damages if they were partially responsible for the car crash. Under Maryland law, a person who is found to be contributorily negligent may not recover any damages for their injuries, regardless of how minor their contribution to the auto crash might have been. For example, suppose an individual is hit by a car while crossing the street and it is determined that they were not paying attention. In that case, they may be found to be contributorily negligent and barred from receiving compensation for their injuries. Under this analysis, it would not matter if the motorist was driving under the influence of drugs or alcohol when the car wreck occurred. If some fault, however slight, can be put on the pedestrian, the pedestrian could end up recovering nothing. This is often a shock to victims who have ended up in the emergency room through what they believe was no fault of their own. Unfortunately, unless the victim can prove to the insurance company or the court that there was no contributory negligence on his or her part, the case could be lost.

Who is at fault for an auto accident is not always clear. Sometimes more than one person is to blame for a car crash, for example. If someone else ran a red light and hit you, they are clearly at fault for most of the car collision. However, if you were speeding, that factor could play into why the car accident happened and how severe your injuries may be. Since Maryland is an at-fault state, an insurance company can deny an auto accident claim if they can prove that you were partially at fault for the collision.

Maryland is one of only five states that still use this outdated rule, which operates on an “all or nothing” basis. For example, if a victim is found to be 1% at fault for an injury, they will not be able to recover any damages, even if the other party was 99% at fault. To be eligible for damages, a plaintiff must prove that they were not even slightly negligent. The Maryland Rule contrasts with the great majority of other states, which have all adopted a more modern approach to contributory negligence known as “comparative negligence.”

Under the comparative negligence doctrine, an injured person can still recover damages even if they were partially at fault for their injury. The amount of recovery for the damages that the injured person can recover is simply reduced by the percentage of fault that is attributed to them. For example, if an individual is hit by a car and is found to be 25% at fault for the accident, they can still recover damages, but the amount of recovery that they can receive, say $250,000, will be reduced by 25%, yielding a final recovery to the victim of $187,500.

Despite criticism and recent legal challenges in Maryland’s appellate courts, contributory negligence law has remained unchanged and is still in effect today. This means that it is important for Maryland residents to be aware of the doctrine and to take steps to minimize their risk of being found contributorily negligent in the event of an injury from an auto accident.

Why Does Maryland Have Contributory Negligence?

There have been unsuccessful attempts to do away with contributory negligence, but Maryland has its reasons for keeping this harsh and outdated rule alive. Here are three of those reasons:

• Keeps insurance costs low
• Motivates drivers to act safely and reasonably
• Makes the legal system more efficient.

But fundamentally, contributory negligence is unfair to injury victims who have been injured due mostly to the negligence of others.

All hope is not lost. There are many situations where there is no contributory negligence. There are also some important exceptions to the rule. That is why if you have been injured in a car collision it is important to hire an experienced Baltimore personal injury attorney to evaluate your accident claim.

Are There Exceptions to Contributory Negligence in Maryland?

Last Clear Chance Doctrine – If the responsible party fails to take a final opportunity to avoid causing an auto collision and injuries, contributory negligence may not apply. The doctrine establishes a duty of care on the responsible party. It mandates a higher degree of negligence on whoever had the last opportunity to avoid an injury-causing accident but failed to do so.

Young Children – In Maryland, minors aged five and under are not held to the same standard as adults in personal injury cases due to their inability to understand their surroundings’ risks and inherent dangers. As such, contributory negligence does not apply when children aged five and under cause an accident resulting in injuries.

However, in children older than five but younger than 18, their negligence is compared to other children of similar age to determine whether their actions or inactions were reasonable or contributory.

Have You Been Injured in a Maryland Car Accident?

The minute an auto accident claim has been reported to an insurance company, an experienced claims adjuster on the other side will almost certainly start pouring over the facts of the accident to find some argument as to why you might have contributed to the car crash. In conversation about the auto collision, the claim rep might casually ask, “Was there any way for you to avoid the car crash” or “If you could do this again, what might you do differently next time to avoid the car wreck?” Notice that these questions are focused on your conduct, not the motorist that hit you. A wrong answer could ruin your case. At the Law Offices of Larry B. Litt, we strongly urge potential clients to stay off the phone with insurance companies until they have spoken with a personal injury attorney and been educated on potential issues that might be raised.

As a Maryland personal injury law firm, the Law Offices of Larry B. Litt understands the importance of proving that the at-fault driver was negligent in his or her actions, which ultimately led to the injury of our client. Whether the at-fault driver was simply careless in the operation of their vehicle or if there was outright negligence on their part, our goal is to prove to the insurance companies that full responsibility for the car crash resides with the negligent driver, and to show the insurance companies that our client was never at fault and should be compensated for their damages.

If you or a loved one have been injured in an auto crash, you want an experienced personal injury attorney on your case. The attorneys at the Law Offices of Larry B. Litt are available to evaluate your claim and get you the compensation you deserve seven days a week. Contact us at 443-844-1528 to schedule your free one on one, no-obligation consultation. Whether your case involves a driver who was negligent through a lack of attention, drunk or impaired by drugs, or outwardly aggressive in their driving behavior prior to the car collision, we recommend you get good legal advice from a Maryland personal injury attorney.