Understanding Comparative Fault in Auto Accident Claims

When a car accident happens, determining fault is crucial. In Maryland, fault plays a big role in whether you can recover compensation. Unlike many states that use a modified or pure comparative fault system, Maryland follows a strict contributory negligence rule. This rule can make it much harder for accident victims to get compensation.

What Is Comparative Fault?

Comparative fault laws determine how damages get divided when more than one party shares blame for an accident. Many states allow injured parties to recover compensation even if they are partially at fault. However, Maryland does not follow this system. Instead, it uses contributory negligence, which bars recovery if the injured party shares any fault at all.

How Maryland’s Contributory Negligence Rule Works

Maryland is one of the few states that still apply a contributory negligence rule. Under this rule, if you are even 1% at fault for the accident, you cannot recover any damages. This rule is harsh and often leads to unfair results for injured victims.

For example, if another driver runs a red light but you were slightly speeding, a court could find you partially at fault. Even though the other driver caused most of the accident, your small percentage of fault could prevent you from recovering anything.

Insurance companies know this rule well. They will try to prove that you contributed to the crash to avoid paying out your claim. This makes it essential to gather strong evidence and work with a knowledgeable attorney.

Defending Against Contributory Negligence Claims

Since even a small amount of fault can prevent compensation, it’s important to challenge any claims that you contributed to the accident. Here’s how you can protect yourself:

• Gather evidence: Take pictures, collect witness statements, and request surveillance footage if available.
• Get a police report: A police report can help establish fault and provide key details.
• Avoid admitting fault: Even a simple apology can be used against you.
• Hire an attorney: An experienced lawyer can fight to prove the other driver was entirely at fault.

Exceptions to Contributory Negligence

Maryland has a few exceptions that may allow injured victims to recover despite the contributory negligence rule. One is the last clear chance doctrine. If the other driver had a clear opportunity to avoid the accident but failed to do so, you may still recover damages.

Another exception applies in some cases involving children, where courts may not apply contributory negligence as strictly. However, these exceptions are rare and require strong legal arguments.

Why Legal Help Is Critical in Maryland

Because Maryland’s negligence law is so strict, many valid claims get denied. Insurance companies look for any reason to blame you, even in minor ways. A small mistake in how you handle your claim can cost you the compensation you need.

If you’ve been in an auto accident, don’t take chances. Shugarman & Mehring knows how to fight back against contributory negligence defenses. Contact us today for a free consultation. We’ll review your case and help you understand your legal options.