Under Maryland law, if a motorcycle rider is injured in an accident, the fact that he or she was not wearing a helmet CANNOT be used as evidence at trial OR be deemed evidence of contributory negligence. See Md. Transp. Code, Section 21-1306(e)(1). So, if you have been injured in a Calvert County, Maryland, motorcycle accident, contact the top-rated motorcycle accident attorneys here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We have offices in Waldorf, Maryland. This particular statutory provision seems little-known to some Maryland accident lawyers. This is why you should hire Maryland personal injury lawyers with deep knowledge of the law and the legal process.

Why Does Section 21-1306(e) Matter?

Here is an explanation of why Section 21-1306(e) matters. Generally speaking, Maryland law says that, in accident cases, victims CANNOT recover any compensation for their injuries or for damage to their property IF they were any part or any bit at fault for the accident. Even if the victim is only 1% at fault, the victim is still barred from recovering any compensation. This applies to any sort of traffic accident, including motorcycle accidents. This is called the Doctrine of Contributory Negligence. The idea is that a victim contributed to his or her own injuries and, as such, is not entitled to recover compensation. Obviously, this is a harsh rule, and there have been no efforts to change the Doctrine (and those efforts continue).

Now, in the past, the Maryland Doctrine of Contributory Negligence has been used to deny compensation to motorcycle riders injured in accidents when they were not wearing helmets. Maryland law requires that motorcyclists wear helmets (and other protective gear). In those cases, it was argued that failure to wear a helmet was contributory negligence and, thus, no compensation could be recovered. 

However, Maryland lawmakers changed the law, and that is no longer the case. The statute is very precise and states that the “… failure of an individual to wear protective headgear required under Maryland law may not:

• Be considered evidence of negligence
• Be considered evidence of contributory negligence
• Limit liability of a party or an insurer OR
• Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motorcycle

Further, if the accident case goes to trial in the Maryland state courts, the statute prohibits lawyers and parties from mentioning the lack of protective headgear. This applies to all parties, witnesses, and lawyers. 

As can be seen, the effect of Section 21-1306(e) is to prevent the Doctrine of Contributory Negligence from being applied when a motorcyclist is not wearing a helmet. This was a good change to the law, making the Doctrine a little less harsh. 

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.