Contributory Negligence in a Maryland Car Accident

Contributory negligence in a Maryland car accident can drastically affect the amount you recover for your injuries. If another party behaves negligently and causes an accident while you are stopped at a red light, there is no question that you deserve compensation for your injuries. So long as you are doing everything right, driving as would a reasonably prudent person in like circumstances, and you suffer severe injuries because of another party, the law should support your right to compensation. In Maryland, the law does not generally allow recovery for damages if you are also negligent in causing your injuries. Maryland is one of only five jurisdictions in the country that follow this extreme rule. In some jurisdictions, you can only recover if you are less than 50% at fault.

However, in Maryland, you cannot recover if you are even 1% at fault for causing the accident that led to your injuries. It is important to note that there are exceptions to this rule, which we will discuss. These exceptions can provide a glimmer of hope in what might seem like a bleak situation. To understand whether you are 1% negligent or more, it is critical to understand the foundation of negligence. Below, our Maryland car accident attorneys discuss in detail contributory negligence in a Maryland car accident and how it impacts the value of your case. In short, Maryland takes an all-or-nothing approach. Washington, D.C., and Virginia are two other jurisdictions in the country that follow this rule, making this a local issue.

If you have questions about contributory negligence, contact our office immediately.

Maryland’s Contributory Negligence Law for Car Accidents

The basis of negligence requires that four elements be proven. These four elements must be proven by a preponderance of the evidence. That means we must convince a jury that it is more likely than not that each element is true. Those four elements are as follows:

1. Duty. We must show the existence of a duty by the defendant to conform to a specific standard of conduct.
2. Breach. A breach of the duty the defendant owes is a deviation from the duty, either by act or omission.
3. Causation. We must show that the breach of duty by the defendant was the actual and proximate cause of the injury.
4. Damages. We must establish damages; there is no presumption. This includes medical expenses, lost wages, and pain and suffering from the accident.

If all four elements are established, an act is negligent. Whether an act of negligence is responsible for 1% or 100% of the accident is a question for the jury. The defense may raise the contributory negligence defense as an affirmative defense. If they can prove that your breach caused just 1% of the damages proximately caused by the accident, you are barred from recovery. However, there are exceptions.

An example of contributory negligence in a Maryland car accident is if you are driving through a stop sign when you are t-boned. If the driver who hit you had time to stop but failed to do so, that is negligent on his part. Meanwhile, you were negligent by driving through the stop sign. Moreover, both of these negligent acts are proximate causes of the accident. Accordingly, neither party can recover compensation from the other party. Your best bet is to use your auto insurance to pay your damages, although your premium will likely increase.

Examples of Contributory Negligence

Contributory negligence in a Maryland car accident may be easy to imagine, but coming up with examples is trickier. Below, we list common examples of contributory negligence in a car accident to be aware of.

• Remaining in danger when you know you are in danger can be considered contributorily negligent in a Maryland car accident. For example, if you choose to stay in a car with a drunk driver when you know the driver is intoxicated. If the driver’s drunkenness is a proximate cause of the accident, then you may be found contributorily negligent and unable to recover.
• There is a rule in tort law that danger invites rescue. Accordingly, you are typically not contributorily negligent if you look to rescue someone from a Maryland car accident.
• Consider Maryland or federal statutes. If you are not contributorily negligent under your idea of what is reasonable, you may still be per se negligent under statute.
• The plaintiff’s contributory negligence is not a defense if the defendant violated a statute. This is true as long as the statute protects this particular class of plaintiffs from their incapacity and lack of judgment.
• Note that contributory negligence does not act as a defense to intentional torts. For example, suppose that the defendant intentionally hit you with their car. They hit you while you were driving negligently but did so with the intention of injuring you. Afterwards, they reverse and hit you again. Reversing and hitting you again indicates that the incident was intentional. The defendant may look to raise an affirmative contributory negligence defense because you were also negligent. However, your negligence is ignored by a court. It is never a defense if the defendant acted intentionally.

Example of Special Considerations

• Prior negligence is a critical component of the last clear chance doctrine. To be clear, the defendant must have avoided harming the car accident victim during the accident. In other words, if the defendant’s negligence was before the accident, the last clear chance has no effect. For example, if the defendant’s negligence were that he failed his duty to maintain his steering wheel properly, then the last clear chance doctrine would be ineffective.
• Imputed contributory negligence does not bar a passenger from recovery if his driver was negligent. For example, suppose that you are in an Uber car accident. You can still recover if the other car caused the accident, but your Uber driver was contributorily negligent. While your driver cannot recover due to the rule of contributory negligence in a Maryland car accident, you still have a claim as a passenger.

How Contributory Negligence Affects Car Accident Claims

The simple answer is contributory negligence can destroy your car accident claim. If contributory negligence in a Maryland car accident is raised as a defense and the jury buys it, you may be barred from recovery. However, there is one exception to look out for.

Exceptions and Special Considerations

The exception to the contributory negligence in a Maryland car accident rule is the last clear chance doctrine. This is also known as “the humanitarian doctrine.” It is a type of escape doctrine. It states that the person with the last clear chance to avoid an accident who fails to do so is liable for negligence. This is the car accident victim’s rebuttal against the contributory negligence defense; otherwise, it is a complete defense if pleaded successfully.

Contact an Attorney

Our Maryland car accident attorneys have handled thousands of injury cases. Since our founding in 1954, we have emphasized ensuring our clients understand each stage of their legal process. While you may not want to understand the technical intricacies, knowing where we are in the process is still essential. Accordingly, we encourage you to check in throughout your case if you have questions.

Call our office today for a free consultation at (202) 331-7227.