How Maryland’s Contributory Negligence Law Affects Your Personal Injury Case
When it comes to personal injury cases, the state in which the accident occurs can significantly impact your ability to recover damages. In Maryland, the law governing how negligence is determined is particularly strict. Maryland follows the contributory negligence rule, which can be a harsh standard for accident victims seeking compensation.
In this blog, we will explore what Maryland’s contributory negligence law means, how it differs from comparative negligence laws in other states, and what steps you can take to protect your personal injury claim.
What Is Contributory Negligence?
Maryland is one of only a few states that still follows the contributory negligence rule. Under this rule, if you are found to be even slightly at fault for the accident—whether it’s 1% or 99%—you are completely barred from recovering any compensation for your injuries. This rule applies regardless of how serious your injuries are or how much more responsible the other party may have been.
For example, if you are in a car accident and the court finds that you were 10% responsible for the crash because you were slightly speeding, while the other driver was 90% responsible, you would not be able to recover any damages for your injuries or vehicle repair costs under Maryland law.
How Does Contributory Negligence Compare to Comparative Negligence?
In contrast, most other states follow a comparative negligence rule. Under comparative negligence, the injured party can still recover damages even if they are partially at fault for the accident. However, the total compensation is reduced by the percentage of fault attributed to the injured party. For instance, if you are found to be 20% at fault in a comparative negligence state, you would still be able to recover 80% of the total damages.
Maryland’s contributory negligence standard is much stricter, meaning accident victims must prove they had no role whatsoever in causing the accident if they want to recover compensation.
The Impact on Personal Injury Cases
Because of Maryland’s contributory negligence law, the at-fault party and their insurance company will often attempt to argue that you bear some responsibility for the accident. Even a minor claim of negligence on your part could lead to a complete denial of compensation. This is why it is critical to take the necessary steps to build a strong case and avoid any actions that could suggest you were partially at fault.
What Steps Should You Take?
To protect your personal injury claim under Maryland’s contributory negligence law, it’s important to take the following steps:
- Gather evidence at the scene: If possible, collect evidence from the accident scene immediately after the incident. This may include photos of the accident, witness statements, and police reports. The more evidence you have to demonstrate that you were not at fault, the stronger your case will be.
- Seek medical attention immediately: Even if you believe your injuries are minor, seeking medical attention right after the accident is critical. Not only is this important for your health, but it also creates a clear link between the accident and your injuries.
- Refrain from admitting fault: After the accident, avoid making any statements to the other party, witnesses, or insurance companies that could be interpreted as an admission of fault. Even an innocent comment like “I’m sorry” could be used against you in your claim.
- Consult with a personal injury attorney: Due to Maryland’s strict contributory negligence rule, having a knowledgeable attorney on your side is essential. Your attorney will investigate the accident, gather evidence, and work to prove that you were not responsible for the incident.
How a Personal Injury Attorney Can Help
Navigating Maryland’s contributory negligence law can be incredibly challenging, especially if you are recovering from an injury. An experienced personal injury attorney can help protect your legal rights, build a strong case, and prevent insurance companies from unfairly shifting the blame onto you.
At Raby Law Office, we understand the complexities of Maryland’s personal injury laws and are dedicated to helping accident victims obtain the compensation they deserve. We will work tirelessly to investigate your case, negotiate with insurance companies, and represent your best interests in court if necessary.
Schedule a Consultation Today
If you’ve been injured in an accident in Maryland, don’t let the state’s contributory negligence rule prevent you from seeking the compensation you deserve. Contact Raby Law Office today to schedule a consultation with an experienced personal injury attorney. We’ll review your case, explain your options, and help you protect your rights.
Need some help? Let’s have a chat about your situation and see how we can help!