Contributory Negligence in Maryland Car Accident Cases

In this article, the experienced and deeply knowledgeable auto accident attorneys at the Law Office of Robert Castro explain some of the features of contributory negligence in Maryland and how that can impact the settlement of your auto accident claim.

Contributory negligence is a bit complicated. Let’s start with the word “negligence.” That word is used for accident cases and distinguishes accidents from intentional behavior. Crimes, for example, are generally intentional. But accidents happen, and no one intends to have a car crash.

Now, what is the “contributory?” Basically, it is possible that there can be a combination of causes that lead to any given accident. Accidents are caused by various sorts of mistakes or bad decisions, like driving too fast, not braking soon enough, not paying enough attention, being distracted, not seeing the stop sign, accelerating to “make” a light, etc. In some cases, the mistakes or bad decisions are made by the person who is injured in the accident. In this manner, the person injured “contributes” to the cause of the accident even if the other driver was mostly at fault. Under Maryland law, where the victim and the at-fault party are both possibly responsible for the accident, a jury (or judge) will apportion the responsibility as percentages. For example, one driver will be 90% at fault while the victim is 10% at fault.

In any case where the victim is even 1% at fault, the victim is deemed to have contributed to his or her own accident and, under Maryland’s rule, the victim is barred from recovering anything. In most states, the rule has been changed, and the victim’s recovery is reduced by their percentage of fault. So, if the victim is judged to be 10% at fault, the judgment awarded is reduced by 10%. Not so in Maryland. In Maryland, there would be no recovery. Of course, many find great fault with the Maryland rule and want to adopt the rule used in other States.

In any event, for obvious reasons, the doctrine of contributory negligence can have a significant negative impact on your case. But, do NOT make any assumptions. As noted above, the Doctrine is complicated. Whether some action (or lack of action) contributed to an accident is a fact-dependent question. It might seem the answer is “yes,” but, on further review of the evidence, the answer is less clear. Likewise, there are some exceptions under Maryland law. For example, a motorcyclist cannot be deemed to have contributed to his or her injuries for failing to wear a helmet. Thus, it is important to consult skilled legal professionals. There are other exceptions, and you need to consult with good lawyers to see if any apply in your case. If you have more questions, call us here. Our number is (301) 870-1200, or use our contact page. We have offices in Waldorf, Maryland.

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