How does contributory negligence affect a personal injury claim in Maryland?

A: Contributory negligence could lead to a personal injury claim in Maryland being denied. Under this harsh negligence rule, any fault on your behalf could ruin your injury claim, despite how little you may have been at fault. Considering this, you should meet with a Baltimore, Maryland injury lawyer if you’ve suffered serious injuries in an accident.

Many states follow a comparative negligence system in which fault is apportioned and damages are reduced according to fault, but that's not the case in Maryland. For example, if you were injured in a car accident due to a driver who was texting but it was also determined that you were traveling 40 mph in a 30 mph speed zone, you could lose out on all compensation under the contributory negligence rule.

To preserve your legal rights and boost your chance of recovering damages after an accident caused by someone else's negligence, you should have an attorney review your case. Even if you are found to be partially at fault, your lawyer might be able to peruse Maryland's "last clear chance" doctrine. 

Contributory Negligence and the Last Clear Chance Doctrine

Under this doctrine, the defendant could be found guilty of actionable negligence and you may be entitled to compensation. The basis of this doctrine is: 

the defendant has knowledge that if he or she continues the course being pursued it could cause injury to someone else;

the plaintiff, because of disability or ignorance, isn’t reasonably expected to avoid the accident;

the defendant has time to take action and avoid the accident; but

the defendant fails to do so. 

Because of the complexities involving contributory negligence and the last clear chance doctrine, you should get legal guidance when pursuing a personal injury claim in Maryland. 

Contacting a Baltimore, Maryland Injury Lawyer

Maryland’s contributory negligence statute makes it more difficult for Maryland accident victims to recover sufficient compensation when someone else is at fault for your accident. This doesn’t have to spell the end of your personal injury claim in Maryland! Take a crash course in Maryland accidents and protect your rights. Give your Maryland personal injury case the advantage of experienced legal counsel by teaming with a lawyer from Jimeno & Gray. Contact us today for a no-cost consultation – 410-590-9401.