The Basics of Liability in Maryland
In Maryland, a driver is liable for causing a rear-end collision if that driver did not follow traffic safety laws and the other driver was not negligent. Negligence happens when a person has a duty to be careful and does not follow through with that duty. All drivers on the road have a duty to drive safely and to follow traffic laws, and a failure to do this equals negligence on the part of a driver.
Maryland law also follows the contributory negligence standard. Contributory negligence means that if someone contributed to an accident, even slightly, they cannot recover any damages from the other party. If both drivers were negligent when an accident occurred, they are both at fault under Maryland law, and they must recover from their own respective insurance companies. However, in many cases, one driver is solely responsible for a rear-end accident.
In Maryland, drivers must always keep a reasonable distance from the car in front of them. There is no exact distance named in the law, but drivers have to pay attention to the road and traffic conditions to determine a safe following distance behind the car in front of them. A driver that follows another car too closely, otherwise known as “tailgating,” and rear-ends that car is liable for the accident if the other driver was following traffic laws and not driving negligently.
On the other hand, Maryland law also requires all drivers to signal 200 feet before stopping a car.
If a driver stops suddenly without signaling in time and is rear-ended by a second car, the first driver is liable for the accident if the second driver was keeping a reasonable distance. If the lead car did not signal in time and the second car was following too closely behind, then both drivers are negligent and liable for the accident.