When you’re involved in an accident, determining who is at fault is a crucial step in recovering compensation. However, not all states handle fault in the same way. While many states adhere to the comparative negligence doctrine, Maryland stands out with one of the most unforgiving legal doctrines: contributory negligence. This distinction can have a significant impact on a victim’s ability to recover damages. Below, our Maryland car accident lawyer explains more.
What Is Comparative Negligence?
In many states, the doctrine of comparative negligence is used to allocate fault among parties in an accident. There are two main types of comparative negligence:
- Pure Comparative Negligence: A party can recover damages even if they are 99% at fault, though their recovery is reduced by their percentage of fault.
- Modified Comparative Negligence: A party can recover only if they are less than 50% (or sometimes 51%) at fault. Both West Virginia and Pennsylvania follow this model of comparative negligence. Under either version, a partially at-fault driver may still be entitled to some compensation.
Maryland’s Contributory Negligence Rule
Along with only a handful of states, Maryland follows the doctrine of contributory negligence, which is far more stringent. Under this rule, even where the other party is negligent, if a plaintiff is found to be even 0.1% at fault for the accident, they are barred from recovering any damages from the other party.
The Maryland Supreme Court has expressly refused to adopt a comparative negligence model, instead leaving such a change in the hands of Maryland legislatures. See Harrison v. Montgomery County Bd. of Education, 295 Md. 442, 446-464 (1983).
Example:
If you are rear-ended by another driver but were also driving with a broken taillight, the court may find that your taillight contributed to the accident. Even if your contribution is minor, you may be completely prevented from recovering compensation.
Exceptions and Defenses
While contributory negligence is strict, Maryland law allows for certain exceptions and defenses that can be helpful to plaintiffs:
- Last Clear Chance Doctrine: Even if a plaintiff is found to be contributorily negligent, the plaintiff may still recover damages from a negligent defendant if the plaintiff makes a “showing of something new or sequential, which affords the defendant a fresh opportunity (of which he fails to avail himself) to avert the consequences of his original negligence.” Burdette v. Rockville Crane Rental, Inc., 130 Md. App. 193 (2000). This means that after a contributory negligent act by a plaintiff, if the defendant still had an opportunity to avoid a collision and failed to do so, the defendant may still be held liable.
- Intentional Conduct on behalf of the Defendant: If the defendant’s conduct was egregious or intentional, the defense of contributory negligence will likely not apply. See State Farm Mut. Auto. Ins. Co. v. Hill, 139 Md. App. 308, 316 (2001).
- Children and Individuals with Diminished Capacity: Courts may apply different or more lenient standards when evaluating any contributory negligence of minors or individuals with diminished capacity. See Taylor v. Armiger, 277 Md. 638 (1976).
Insurance Negotiations and Settlements
Because of Maryland’s harsh rule, insurance companies may aggressively deny claims by asserting partial fault. It is essential to consult with an attorney who can:
- Gather evidence to prove the other party’s complete responsibility.
- Anticipate and counter contributory negligence arguments.
- Present alternative doctrines or exceptions to strengthen your case.
Why Legal Representation Matters
The contributory negligence standard makes Maryland one of the most challenging states for accident victims seeking compensation. Having a skilled personal injury attorney can mean the difference between receiving a favorable verdict, settlement, or walking away with nothing. Legal counsel can help:
- Build a compelling case to show the defendant was entirely at fault.
- Identify exceptions that may apply.
- Negotiate effectively with insurance companies.
- Get a jury to focus on the right facts. These are cases that can be won or lost with the last words spoken to a jury. It is imperative that you have a lawyer who knows the right approach and how to use it, in order to increase your chances of winning.
Understanding how negligence is evaluated in Maryland is vital for anyone involved in a car accident. Unlike most states that allow for shared fault under comparative negligence rules, Maryland’s contributory negligence doctrine can completely bar recovery for even slight fault. If you’ve been in an accident, consult with a legal professional to explore your options and protect your claim.
