As an experienced personal injury law office, we see a multitude of accident cases each year. Some cases involve accidents that were the fault of just one party, and often involve blatant traffic violations, drunk driving accidents, or distracted driving accidents.
On the other hand, there are many accidents that are not obviously only one party’s fault, which can be problematic for Maryland accident victims. In Maryland, if an accident victim bore some degree of fault in the accident, then the legal principle of contributory negligence comes into play and serves to prohibit recovery for injuries received in the accident.
Contributory negligence can, unfortunately, result in seemingly unfair outcomes. For example, think about the pedestrian who jaywalks and is hit by a driver who ran a red light. In Maryland, that pedestrian would be unable to recovery for their damages, if a jury found that the pedestrian was partially at fault for the accident.
Most states in the United States do not employ contributory negligence, and instead favor “comparative fault.” Comparative fault considers each party’s relative percentage of fault. Once the percentages of fault are established, the victim’s recovery amount is accordingly reduced by their percentage of fault. For example, if the jury found the pedestrian in our example above to be 30% at fault in the accident and he suffered $100,000 in damages, then he could recover 70% of the $100,000, or $70,000.
Establishing Fault in Maryland Accidents
Since Maryland remains in the minority of jurisdictions that uses contributory negligence to determine which accident victims are permitted to recover for their injuries, it remains crucial for accident victims to prove that they are free of any fault. As a result, it is critical for Maryland accident victims to have an experienced personal injury attorney on their side to make their cases. The Law Offices of Stuart L. Plotnick can help you tell your side of the story and convince a jury that you are without fault in your accident. Call today for a free consultation, 301.251.1286.