Contributory Negligence In Maryland
Imagine that you're at a stoplight in Baltimore when suddenly you get rear-ended. At face value, this sounds like a relatively straightforward scenario. You were at a stoplight and followed the rules of the road. The other driver wasn't paying adequate attention and hit you.
You expect the claims process to go smoothly but are surprised when the other driver's insurance carrier rejects your claim.
Their position: You stopped too suddenly, playing a small but nevertheless contributory role in the accident.
Are they right?
In Maryland, the answer potentially could be yes, thanks to a rule known as contributory negligence. In this article, we take a look at what it means and how it plays out in real life.
What Is Contributory Negligence?
Negligence, in plain terms, means failing to act with reasonable care. It doesn't mean that you actively caused the conditions that resulted in an accident, but does suggest that, had you taken basic precautions and acted with a reasonable sense of care, the situation might not have occurred, or at least could have occurred differently.
Contributory negligence simply means that your behavior contributed to the extent of your own harm.
In Maryland, the contributory negligence guidelines indicate that if the injured party's own carelessness in any way contributed to the accident, they may be barred from recovering money from the other party.
So, in the case of the example from our introduction, it might actually be the case that you would be denied a claim if, for example, you slammed on your brakes at the very last moment when the light was turning red.
The other driver still shouldn't have rear-ended you, but it could be argued that they were simply following the flow of traffic and were not prepared to stop as abruptly as you had.
How Is This Standard Different Than In Other States?
The majority of states use a framework known as comparative negligence, in which your payout is simply reduced based on your share of the blame. For example, if the total amount owed was $100,000 and you were deemed 20% at fault, you would receive $80,000 in recovered damages.
Obviously, there are complications even within this system. For example, how does one numerically standardize blame in the form of a percentage? Nevertheless, it's a common system that works reasonably well across the country.
In Maryland, that same 80-20 fault split could result in zero dollars recovered.
Exceptions That Can Save Your Claim
Despite the stringent standard applied in Maryland, there are certain conditions that could still save your claim. Of these, the most common is the last clear chance doctrine.
Within this scenario, it's acknowledged that you did play a role in contributing to the accident, but also that the other party still had a clear and final opportunity to avoid the accident.
An example might be a driver who should have been able to spot a jaywalking pedestrian well in advance but still failed to do so.
There is also the sudden emergency doctrine, in which case the court acknowledges that your behavior was reasonable under the circumstances.
A good example could be swerving to avoid a deer that has suddenly jumped out into the road.
Obviously, swerving would generally be considered a form of negligence, but the sudden emergency doctrine acknowledges it as behavior that could be rational given the circumstances.
How Insurers Use This Rule And How To Protect Yourself
In many cases, insurers will leverage contributory negligence to lowball claims. If they can see a path toward a contributory negligence outcome, they may use that to either deny a claim entirely or provide a lowball settlement offer.
To protect yourself, it's important to make the right choices almost immediately following the accident. Don't apologize or admit fault while at the scene, and don't make official statements to the other party's insurance company before you've spoken with a lawyer.
It's also important to get adequate documentation in the form of photographs, a police report, and witness statements. Accidents are almost definitionally messy and will inevitably produce contradictory reports.
Even in situations where you have done nothing wrong, it is still possible to get caught up in contributory negligence complications if you don’t handle the situation appropriately from the get-go.
By taking a cautious approach, you can go a long way toward protecting yourself. Collect as much information as you can and work closely with a trusted legal partner from the beginning.
Conclusion
It's true that in Maryland, even small mistakes can have major repercussions when it comes to injury claims. While this rule can be intimidating and costly, it's not always an insurmountable challenge.
Remember that qualified legal support plays a foundational role in securing the best possible outcome. Contact us today to set up a consultation.