Is There Comparative Fault in Maryland Car Accidents?

Looking for information on comparative fault in Maryland personal injury cases? Well, we have the answers in this post. 

Maryland does not have comparative fault. That is the short answer. But the obvious next question is – well how does Maryland law handle cases where both drivers might be at fault in a car accident? What if the other driver did something very negligent, but they are claiming you did something to contribute to the accident?

We will explain it all here. Need a Waldorf personal injury attorney? Contact us today. Discover everything you need to know about car accident cases with our Free Legal Guide to Car Accident Cases in Maryland now. Know your options and be informed before you make big decisions about your car accident case. Then get a free consultation.

Maryland has one of the country’s strictest legal standards regarding fault in car accidents. It is called “contributory negligence.” It is very harsh, and can lead to crazy outcomes. 

If you’ve been injured, it is important to understand that Maryland does not have comparative fault in car accident cases. That is critical to knowing your legal options and securing compensation.

At Southern Maryland Law, we’ve been serving the Waldorf community for over 60 years. We know Maryland’s personal injury laws inside and out, and we’re here to help you navigate them.

What is Comparative Negligence?

Most states have comparative negligence doctrines. That means the jury gets to decide how much fault each side bears for an accident. The total fault is 100%, and the jury decides how much the plaintiff is at fault, and how much the defendant is. Then the court adjusts the verdict accordingly.

For example, say you have a case where the total value is $100,000 if the plaintiff is not at fault at all. Now say the plaintiff did some minor act to contribute to the accident. Let’s say the jury found they were 10% at fault. In a comparative negligence state, the plaintiff would win, but only get 90% of the total damages. In this example, the plaintiff would win $90,000. $10,000 would be taken off for their 10% negligence.

In Maryland, the plaintiff who is only 10% negligent gets nothing! The defendant walks away scot free.

Maryland’s Strict Contributory Negligence Rule

Maryland follows a pure contributory negligence standard, one of the harshest fault laws in the country. Under this rule, if you are even 1% at fault for your accident, you may be barred from recovering any compensation from the other party.

Learn all about contributory negligence in this post we wrote to explain all the details.

This standard differs from comparative fault, which is used in most states and allows accident victims to recover damages even if they were partially responsible. In 2023, over 28,500 vehicle crashes in Maryland resulted in an injury.

Unfortunately, Maryland’s contributory negligence rule means insurance companies will look for any reason to blame you, which is why having an experienced Maryland car accident lawyer is essential to protecting your rights.

Is Maryland a No-Fault State?

A common question we hear is, “Is Maryland a no-fault state?” The answer is no—Maryland is an at-fault state, meaning the driver responsible for the accident is also responsible for paying damages.

However, the contributory negligence rule makes it much harder for accident victims to get compensation than in no-fault states, where each driver’s insurance covers their injuries regardless of fault.

If the other driver’s insurance company tries to argue that you contributed to the crash, you need an attorney who can push back and present a strong case on your behalf.

How Do Insurance Companies Use Comparative Fault in Car Accidents Against You?

Since Maryland’s laws are so strict, insurance companies often use the contributory negligence rule to avoid paying claims. For instance, they may argue:

• You were speeding slightly when another driver ran a red light,
• You weren’t wearing your seatbelt at the time of the crash, or
• You were distracted for a split second before impact.

Even if the other driver was clearly at fault, these arguments could be enough to deny your claim. That’s why having an experienced Maryland car accident lawyer on your side can make all the difference in securing fair compensation.

This is also a very good reason to retain an attorney before you talk to the other driver’s insurance company. You should never give a recorded statement, and be very careful about what you say.

They are looking for some reason to blame you for the accident! If you are in a car accident that was caused by someone else, talk to a lawyer before you talk to an insurance company. 

Legal Defenses to Comparative Fault Claims

If the other party tries to claim you were partially at fault, your lawyer may be able to challenge their argument using legal defenses such as:

• Proving the other driver had the last clear chance to avoid the accident,
• Demonstrating that your actions were not a contributing factor,
• Using expert testimony to reconstruct the accident, or
• Challenging the credibility of the insurance company’s claims

Maryland’s legal system does not generally favor accident victims, which is why it is crucial to partner with a skilled attorney.

Is Maryland an At-Fault State for Car Accidents?

Yes, Maryland is an at-fault state when it comes to car accident claims. There are big differences between no fault and at fault states. In Maryland, figuring out who is at fault is very important if you get in a car accident. 

This means that the driver who caused the accident is responsible for paying damages through their insurance. However, due to Maryland’s strict contributory negligence rule, you must prove that you had zero fault in the accident to recover compensation.

Because of this high legal standard, you need a car accident attorney who can build a rock-solid case to fight for your rights.

Why You Need an Experienced Maryland Car Accident Lawyer

At Southern Maryland Law, we’ve been helping residents for over 60 years, and we know how tough Maryland’s laws can be regarding comparative fault in car accidents. Unlike the big law firms with countless satellite offices, we’re part of this community, and we take the time to fight for our clients like they’re our own neighbors.

Here’s why having an experienced Maryland car accident lawyer is critical:

• We know how to counter contributory negligence claims;]
• We handle negotiations with insurance companies, so you don’t get taken advantage of; and
• We gather the right evidence to prove your case.

You don’t have to fight the comparative fault battle alone. Maryland’s strict fault laws mean you need a Waldorf personal injury attorney who knows how to protect your rights from insurance companies from day one. Contact Southern Maryland Law today for a free consultation, and let us help you secure the compensation you deserve.

Author: This content was written and approved by Tucker Clagett, an attorney at Southern Maryland Law – Andrews, Bongar, Gormley & Clagett.