Maryland follows one of the strictest rules in the country when it comes to personal injury compensation: contributory negligence. Unlike the more lenient comparative fault systems used in most states, contributory negligence in Maryland bars injury victims from recovering compensation if they’re found even 1% at fault for the accident that caused their injuries.
This harsh rule often surprises injury victims. It is also a key reason why hiring an experienced personal injury lawyer is essential when pursuing a claim in Maryland. Below, we will explain how contributory negligence works, how it affects your case, and what you can do to protect your right to compensation.
What Is Contributory Negligence?
Contributory negligence is a legal doctrine that prohibits a plaintiff from recovering damages in a personal injury case if they contributed to their own injury in any way. Even if the defendant is 99% responsible, a finding that the plaintiff was just 1% at fault will completely bar recovery.
This rule applies to:
- Car accidents
- Truck accidents
- Pedestrian and bicycle injuries
- Slip and fall claims
- Premises liability
- Product liability
- Medical malpractice
In short, if your actions—even in part—played a role in the incident, the other party may use contributory negligence as a complete defense to your claim.
How Does Maryland’s Rule Differ from Other States?
Maryland is one of only four states, along with the District of Columbia, that still follows the pure contributory negligence rule. Most states follow comparative negligence rules, allowing plaintiffs to recover damages as long as they are not more than 50% or 51% at fault.
Under Maryland law, any level of contributory fault—no matter how small—can result in a total loss of compensation.
Examples of Contributory Negligence
Understanding how this rule works in practice can be eye-opening. Here are a few common scenarios:
- A pedestrian jaywalks and is hit by a speeding driver. Even though the driver broke the law, the pedestrian may be barred from recovering damages because they illegally crossed the street.
- A driver is rear-ended while stopped, but fails to use their turn signal. If that minor oversight contributed to the collision, they may lose the ability to recover.
- A customer slips on a store’s wet floor while looking at their phone. The store may claim the customer’s inattention contributed to the fall.
In each of these cases, contributory negligence could become a complete defense, allowing the at-fault party to escape liability entirely.
What Is the Last Clear Chance Doctrine?
Maryland recognizes a narrow exception to contributory negligence called the last clear chance doctrine. This rule allows an injured party to recover damages even if they were negligent, as long as the defendant had the final opportunity to avoid the accident and failed to do so.
To use this exception, the plaintiff must prove that:
- They were in a position of danger caused by their own negligence.
- The defendant knew or should have known about the plaintiff’s situation.
- The defendant had the ability and opportunity to avoid the injury.
This doctrine can be difficult to prove and often requires detailed evidence and a carefully planned legal strategy.
Proving Liability Under Contributory Negligence
To recover compensation in Maryland, an injured person must show that:
- The defendant owed them a duty of care.
- The defendant breached that duty.
- The breach directly caused the injury.
- The plaintiff sustained damages (e.g., physical injuries, property damage, medical bills, etc.).
This high bar makes it essential to have strong, clear evidence that supports your version of events. Eyewitness statements, video footage, expert testimony, and medical documentation can all play a critical role in proving your case.
Statute of Limitations for Personal Injury Lawsuits in Maryland
Under Maryland law, you generally have three years from the date of your injury to file a lawsuit. For wrongful death lawsuits, the limit is also three years from the date of death.
If you miss the deadline, your case will likely be dismissed, regardless of how strong it is. Given Maryland’s strict liability rules, it’s especially important to speak with a lawyer as soon as possible after an injury.
How to Protect Your Right to Compensation in Maryland
Because contributory negligence can block recovery even in strong cases, here are steps you can take to protect your legal rights:
- Do not admit fault. Avoid apologizing or making statements that could be interpreted as an admission of fault.
- Document everything. Take photos, collect witness names, and preserve evidence.
- Get medical attention. Seek prompt treatment and follow all medical instructions.
- Speak to a lawyer. Let an experienced attorney assess the facts and guide you on how to proceed.
We have the knowledge and experience to navigate Maryland’s complex negligence rules and aggressively pursue compensation on your behalf.
Contact Our Maryland Personal Injury Lawyers for Help With Your Case
If you’ve been injured in Maryland, your case could be derailed by even a small allegation of fault. At Alpert Schreyer Personal Injury Lawyers, we understand how to build compelling cases that overcome the challenges of contributory negligence. Our experienced Maryland personal injury lawyers are here to fight for the compensation you deserve. Contact us to schedule a free consultation.