Car accidents remain a top concern across the US, and statistics reveal that the problem in Maryland is serious. The Maryland Highway Safety Office (MDHSO) reports an average of more than 106,200 crashes annually, leading to 581 fatalities and 40,566 injured victims. A variety of causes and negligent acts contribute to these collisions.
In Maryland, there is a strict rule that affects your compensation, barring it if you were even slightly careless. Your Owings Mills car accident attorney can help develop strategies to overcome contributory negligence, so some background is helpful.
What is Contributory Negligence in Maryland?
The rule states that if you are found even slightly at fault for a car accident, you cannot recover any compensation from the other driver. Along with Maryland, only a handful of jurisdictions still use this harsh standard, including Virginia and Washington, D.C. Unlike states where fault is divided by percentage, Maryland’s rule is all-or-nothing for injured accident victims.
Insurers Use Contributory Negligence to Deny Auto Crash Claims
Insurance adjusters know the law, and many use it to their advantage. After a crash, adjusters often look for any small detail suggesting you shared fault, such as:
- Speeding slightly
- Failure to signal
- Texting while driving
Even minor allegations of shared blame can be used to deny your entire claim. This is why insurance companies frequently request recorded statements shortly after an accident. What you say, even innocently, can be twisted.
Real Examples of Maryland’s Contributory Negligence Rule in Action
This rule can result in surprising outcomes. Maryland courts have denied recovery to a motorist who was T-boned by a speeding driver, simply because she failed to come to a complete stop at an intersection. In another case, a passenger who did not wear a seatbelt saw their claim reduced.
These examples show how easily fault can shift. Even when another driver is clearly reckless, small actions on your part, like a delayed brake tap, can bar you from recovering damages.
Do I Still Need a Lawyer if I Was Partially at Fault in Maryland?
Yes, hiring a car accident attorney is especially important if you believe you share any fault. An experienced lawyer can:
- Investigate the crash
- Gather evidence
- Challenge unfair fault claims made by insurance companies
Your attorney understands how adjusters build contributory negligence arguments and can counter them with police reports, witness statements, and accident reconstruction. Without skilled legal help, you risk losing your entire claim over a minor, disputed detail.
Get Legal Help From a Maryland Car Accident Lawyer Today
The contributory negligence rule is complicated, so legal representation is critical to overcome allegations that you were at fault. Even when insurance companies try to shift blame, there are legal strategies that can counter these claims and protect your right to compensation.
Our team at the Law Offices of Michael A. Freedman has the experience needed to challenge unfair fault arguments and fight for the recovery you deserve. Please contact us at 410.363.6848 to schedule a free consultation at our offices in Owings Mills or Glen Burnie, MD.
