Understanding Contributory Negligence in Maryland Car Accident Cases

Maryland has strict rules concerning fault for car accidents. Under the state’s contributory negligence rule, if you played any role in a car crash that injured you, you will be barred from recovering compensation. It doesn’t matter how tiny your role was. If you bear any fault for the automobile accident, you can get no money. That aspect of Maryland personal injury law can complicate your legal case after a car accident, but the Law Offices of Larry B. Litt can help. Our Maryland personal injury lawyers are ready to gather evidence to show you did not contribute to the car collision in any way, preserving your right to compensation.

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.

Most other states operate 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 car 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.

What Is Contributory Negligence?

Contributory negligence is a legal doctrine that prevents an injured party from recovering damages if they are found to be even partially at-fault for the car crash. Under this rule, if a person’s actions contributed in any way to the cause of the auto accident, they are barred from recovering compensation for their injuries.

For example, if you were in a car wreck and were found to be 1% at-fault for the vehicle crash, you would not be entitled to any compensation, even if the other motorist was 99% responsible for the car accident. This strict rule often creates challenges for those injured in auto accidents because it places the burden of proving fault on the injured party.

States That Still Use Contributory Negligence

Today, Maryland is one of five jurisdictions in the U.S. that continues to use the pure contributory negligence standard:

1. Maryland
2. North Carolina
3. Alabama
4. Virginia
5. Washington, D.C.

In every other state, some version of comparative negligence, which allows injured victims or plaintiffs to recover compensation even if they were partially at fault, applies.

Maryland is one of only five states that still follows this strict contributory negligence rule. Many other states have switched to a comparative negligence system, which allows individuals to recover damages based on their degree of fault in the car collision. Under comparative negligence, even if you are partially at-fault in the car crash. Under comparative negligence, even if you are partially at-fault, you can still receive compensation proportional to the other party’s fault.

Maryland operates on an “all or nothing” basis.

How to Avoid Contributory Negligence in Your Personal Injury Case

Insurance companies don’t want to pay you, and they will do whatever they can to minimize or deny your claim. Anything you say could be used against you to argue you shared fault. Here are some practical ways to avoid contributory negligence and strengthen your personal injury case:

• Avoid Admitting Fault: Refrain from making any statements that could be interpreted as taking responsibility for the car accident (apologizing, speculating how the accident occurred, outright admitting to making a mistake, etc.). These statements can and will be used against you. This includes your social media posts.
• Document Everything: Gather evidence at the accident scene (photos/videos of injuries or road conditions, a copy of the police report, etc.) and keep track of all related medical records from the hospital or medical doctors.
• Seek Immediate Medical Attention: Get medical treatment right away and follow your doctor’s recommendations. Delays in seeking treatment or failing to follow medical advice can be used to argue that your injuries were not serious, or made worse by your own negligence.
• Avoid Speaking to Adjusters or Lawyers at Insurance Companies Without Legal Counsel: Direct all communication with insurance companies to your attorney or legal team. Insurance companies will often try to elicit statements that can be used to assign fault to you.
• Hire an Experienced Personal Injury Attorney: Consult with a skilled personal injury auto accident attorney as soon as possible. An attorney can help gather evidence, navigate legal complexities, and counter any contributory negligence claims against you.

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.

Why an Experienced Personal Injury Attorney Can Help Fight Maryland Contributory Negligence Claims

Contributory negligence is a strict legal doctrine that can significantly impact the outcome of a car accident claim in Maryland. 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. Even if you did not cause any part of a car crash in which you were injured, some at-fault drivers or defendants may still claim it was partly your fault in order to take advantage of the contributory negligence defense. This makes it essential to gather strong evidence and work with an experienced personal injury car accident lawyer who can help navigate the legal complexities of your case.

Lawyers for insurance companies, corporations, and individuals who caused injuries may attempt to concoct an argument that the injured victim was at fault somehow. If they prevail on this claim, it is possible you will recover nothing. The legal team at the Law Offices of Larry B. Litt has over four decades of legal experience and has represented countless injured Marylanders facing contributory negligence allegations. We know how to push back and present the facts of the case to counter any false accusations of shared fault. We understand how to counter common contributory negligence claims. If you’ve been injured in an auto accident and are concerned about contributory negligence, contact us today at 443-844-1528. Our initial case evaluations are always free and confidential.

Our legal team can take you through the personal injury claim process, by procuring medical records, police reports, witness statements, lost wage information, and other documentation that is needed to pursue your claim. Contact our seasoned Maryland personal injury attorneys today for a free 1:1 consultation. Call the Law Offices of Larry B. Litt to learn how we can help you fight for the compensation you deserve anytime day or night at 443-844-1528. We have extensive experience handling car accident claims in Maryland. We’ll fight to protect your rights and help you pursue the compensation you deserve.