Baltimore Auto Accident Lawyers: Understanding Negligence in MarylandJuly 26, 2012
After an accident of any kind, there is the question of fault. At the scene of a minor car accident, or a catastrophic airplane incident, the question is in the air before the dust settles.
In a car accident with minor injury, it may seem clear to participants who — or what — was at fault. A speeding driver, a missing road sign and many other elements contribute to an accident. But the biggest contributor to any accident is negligence. Rarely does serious injury occur without some human error.
Negligence is failure to use reasonable care or provide reasonable service. It can be an act committed, or an act not taken. One of the most important aspects of our jobs as personal injury lawyers is to prove negligence by showing the relationship between parties, a duty of care and the breach of that duty that caused injury.
To prove negligence in Maryland, we have to show our client did not contribute to the accident that caused his or her injury. Maryland follows a rule of pure contributory negligence. This means an injured party who made a mistake during his or her accident usually cannot recover compensation for the injury — even if that party was only four percent at fault.
Pure contributory negligence is a difficult and controversial standard of negligence. If injured, you need help from a skilled attorney who can prove the negligence of the other party — and prove that you were not negligent at all. Contact the Baltimore auto accident lawyers at LeViness, Tolzman & Hamilton, P.A. today for assistance with your accident claim.