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How Maryland's Contributory Negligence Rule Can Affect Your Settlement
If you've been injured in an accident in Maryland, you might assume that if someone else was clearly careless, you're entitled to compensation. While this is often true, many victims are shocked to learn about a harsh legal rule that insurance companies love to use: contributory negligence.
This can be the single most significant hurdle between you and the financial recovery you deserve. Understanding this rule and how to fight it is critical for anyone pursuing a personal injury claim in Maryland.
At Burnett Injury Group, we have seen too many deserving victims have their claims unfairly denied because of this unforgiving law. Before you give a statement or accept their decision, understand your rights. Contact the Burnett Injury Group at (443) 214-2600 for a FREE, confidential case evaluation to learn how we can protect your right to compensation.
What is Contributory Negligence?
Most states use a "comparative negligence" system, which is where a person’s compensation is simply reduced by their percentage of fault. If you were found to be 10% at fault for an accident, your settlement would be reduced by 10%. This seems fair to most people.
Maryland, however, is one of the very few states that still uses the much stricter, centuries-old doctrine of pure contributory negligence. Under this rule, if you are found to be even 1% responsible for the accident that caused your injuries, you are prohibited from receiving compensation. There is no shared fault, so you would get nothing from the other party, even if they were 99% to blame.
Insurance adjusters for the at-fault party will aggressively investigate your case to find any shred of evidence that you were partially at fault. Their goal is to invoke this negligence defense to completely deny your injury claim.
How Contributory Negligence Impacts Your Settlement
Imagine these common scenarios:
- Running a Red Light: You are driving slightly over the speed limit when another driver runs a red light and T-bones your vehicle. While the other driver was the primary cause, the insurance company could argue that your excessive speed contributed to the severity of the crash. If a court agrees, you could receive zero compensation for your medical bills, lost wages, and pain and suffering.
- Rear-End Collision: You are stopped at a red light at night and another driver slams into the back of your car. The other driver was negligent and was following too closely. However, the insurance company's investigator may discover that one of your taillights was burnt out. They could argue that your non-functioning equipment made your vehicle less visible, and therefore you were 1% responsible for the collision. In Maryland, that small degree of shared fault could be enough to deny your entire claim.
In both of these at-fault accident examples, a minor act of carelessness could lead to a complete loss of rightful compensation. This is why proving fault conclusively is paramount in any Maryland personal injury case.
“The Last Clear Chance” Doctrine: A Specific Exception
You might be wondering if you can still recover compensation even if you were partly to blame for an accident. Fortunately, the "Last Clear Chance" doctrine provides a vital exception.
The Last Clear Chance doctrine states that even if you, the injured party, were negligent, you may still be able to recover compensation. Here's how it generally works: If the defendant had a new and sequential opportunity to avoid the accident after your initial negligence, and failed to take it, they could be held fully liable.
Consider this example: A pedestrian is crossing an intersection while distracted by her cell phone. A driver, over 1000 feet away, approaches the intersection at a steady speed, runs a red light, and hits the pedestrian.
The driver is negligent, and the pedestrian is contributorily negligent. Even though the pedestrian was distracted, the driver should have seen in pedestrian in the distance and would have had the last clear chance to prevent the accident.
Successfully arguing the Last Clear Chance doctrine is complex and requires a deep understanding of accident liability and negligence law.
Don't Be Barred From Recovery - Fight Back with an Experienced Injury Attorney
Because of Maryland's contributory negligence rule, insurance companies have a powerful weapon to use against accident victims. They will try to shift blame and argue that you were partially at fault to avoid paying a settlement. Do not let them!
Proving that the other party was 100% at fault or that they had the last clear chance to avoid harming you requires a swift and thorough investigation.
Burnett Injury Group works to gather critical evidence and interview witnesses to build a powerful case that anticipates and defeats the inevitable contributory negligence defense. We understand what it takes to win a denied injury claim and secure the compensation our clients need to rebuild their lives.
Your Free and Confidential Case Evaluation
If you have been injured and are worried about how accident fault might affect your claim, don't wait. The complexities of Maryland's laws make experienced legal representation essential.
Contact the Burnett Injury Group today at (443) 214-2600 for a FREE and confidential case evaluation. Let us listen to your story, explain your rights, and show you how we can fight to protect you from an unfair negligence defense. Take the first step toward securing the justice you deserve.
