Determining Fault After a Car Accident

Maryland Contributory Negligence Laws

LeViness, Tolzman & Hamilton, P.A. was established in 1987 to assist our neighbors in Baltimore with injury recovery. During the more than 30 years since we opened our doors, our lawyers have won more than $100 million in settlements and verdicts. For this reason, our firm has developed a reputation in the Maryland legal community for producing exceptional results in the most challenging cases.

Contributory Negligence Doctrine Upheld in Maryland Courts

Contributory negligence is an affirmative defense permitted by Maryland laws. Under this doctrine, plaintiffs who contribute to their own injuries are barred from recovery, even if the defendants’ negligent actions were the primary cause of the accident. These laws deny recovery to injured victims who are found to be even 1 percent at fault. Because this doctrine often results in unjust consequences, many states have shifted toward a comparative negligence approach in which damages are based on the percentage of fault. For example, if the jurors determine that the plaintiff was 25 percent at fault, the judge would reduce a $100,000 verdict by that amount, and the plaintiff would be awarded $75,000.

In July 2013, the Maryland Court of Appeals upheld the application of the contributory negligence defense in Maryland personal injury cases. Injury victims therefore continue to face an all-or-nothing scenario in civil courts. Only a future act of Congress can reverse the adverse consequences and injustices caused by the contributory negligence doctrine.

Challenging a Contributory Negligence Defense

Anticipating and countering a contributory negligence defense is vital to obtaining compensation. Our Baltimore car accident lawyers fully investigate the causes of your accident and injuries to determine the fault of each party involved, and we take proactive steps to refute claims that you contributed to the car accident. By anticipating the contributory negligence defense, our attorneys can avoid delays and refusals to pay made by the other driver’s insurance company — or by your insurer if you were hit by an uninsured motorist.

Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Understand Maryland Contributory Negligence Laws and How They Affect Your Case

Learn more about your rights in Maryland personal injury recovery. Call LeViness, Tolzman & Hamilton, P.A. at 800-547-4LAW (4529) or contact our firm online to schedule your free initial appointment. Our team of Baltimore car accident lawyers is available 24 hours a day by phone so that auto accident victims can receive immediate assistance. We handle your claim on a contingency basis — meaning we do not charge you unless we win. We consider your total satisfaction our top priority.