The Harsh Truth About Maryland’s Contributory Negligence Rule — and the Small Mistakes That Can Cost You Everything

You’re driving down US-1 singing along to some music while you eat your breakfast. Out of nowhere, another car slams into you. You file a claim with the other driver’s insurance company. You think it will be easy. After all, you didn’t cause the accident. But the other driver’s insurer denies your claim and says that you were at fault.

Maryland follows a very old, very harsh rule called contributory negligence. If an insurance company can prove that a driver was contributorily negligent, they can deny the claim and pay nothing. 

This article explains Maryland’s contributory negligence rule and what it means for your personal injury case. It also explains how a Laurel car accident lawyer can help you with contributory negligence issues. 

What Is Negligence?  

Before we can explain contributory negligence, let’s talk about negligence. 

To win your accident claim, you must show that the other driver was negligent. Negligence is a special type of carelessness. To prove negligence, you’ll need to prove that you were injured. Then, you’ll need to prove that: 

• The other driver had an obligation to act in a certain way,  
• The other driver did not act in the way that they were  obligated to, and 
• The other driver’s failure to act in the way that they were obligated to was the cause of your injuries. 

Once you prove negligence, you’ll be entitled to damages. Damages are money awarded by courts to compensate injured people for the financial and other costs caused by a car accident or other event. Damages in personal injury cases often include economic costs like medical bills, lost wages, and property damage, but they can also cover non-economic losses like pain and suffering. 

Contributory Negligence: What it Is and How it Can Hurt Your Maryland Personal Injury Claim 

Driver A and Driver B get into an accident. There are a few ways to assign fault in this case: Driver A was completely at fault, Driver B was completely at fault, or they were both somewhat at fault. If they were both somewhat at fault, it means that both drivers behaved negligently at some point before the accident. Maybe Driver A ran the red light, but Driver B didn’t notice because they were texting while driving. In this scenario, the jury will have to decide the percentage of fault for both A and B. Here is where states begin to handle the situation differently. 

In the vast majority of states, a person who is partly negligent in causing their own car accident injuries can still recover damages. However, in most states, their recovery will be reduced by their percentage of fault. So, in our A vs. B accident, the jury decides that A was 40% responsible for the accident and awards $100,000. However, the $100,000 award will be reduced by 40%, or $40,000. So, A’s total recovery before fees will drop to $60,000.  This is the majority rule in America.

Maryland, however, follows the minority rule – contributory negligence. In Maryland and the three other contributory negligence states, the law says that a person who is even slightly responsible for causing their accident cannot recover any damages. They get nothing. This rule applies even to those who are just one percent responsible for the crash. So, in Maryland, if A suffered $100,000 in losses after the accident but was five percent responsible for causing it, they would get nothing – not a single dime. 

Common Driving Behaviors that Can Lead to a Finding of Contributory Negligence 

Many different behaviors can lead to a finding of contributory negligence in Maryland. Here are a few examples: 

•  Failure to obey traffic laws and rules 
  • Driving under the influence (even if your BAC is below the legal limit)
  • Running a red light or stop sign   
  • Speeding 
  • Driving too fast for conditions 
  • Making an improper or illegal lane change 
  • Following too closely (tailgating)

• Distracted driving
  • Texting while driving
  • Talking on the phone or to a passenger 
  • Adjusting your GPS, radio, or touchscreen 
  • Eating, applying makeup, or adjusting clothes while driving

• Other dangerous behaviors 
  • Driving while drowsy
  • Backing out or changing lanes without checking mirrors or surroundings first
  • Driving at night without headlights 
  • Failing to keep your car properly maintained

Get Legal Help with Contributory Negligence in Maryland

Contributory negligence is a harsh rule. It prevents many injured people from collecting the money they need after an accident. However, the rule has some exceptions. For example, the last clear chance doctrine says that even if two parties are at fault, the one who had the last chance to stop the accident is the most at fault. An experienced Laurel personal injury attorney can tell you more.

If you need a Laurel accident lawyer after a crash, contact the Law Offices of Thomas E. Pyles. Our team has decades of experience helping injured people fight back against contributory negligence and other unfair rules to get the compensation they deserve. Call 301-705-5006 or use our online contact form today to schedule a free consultation.