Maryland’s Contributory Negligence Law and Car Accident Claims

 Posted on July 04, 2025 in Car Accidents

Maryland is one of only four states, along with the District of Columbia, to use the pure contributory negligence rule to govern personal injury claims involving shared fault. The law can have a significant impact on anyone injured in a car accident. If you recently suffered injuries and damages because of a negligent driver and have concerns about your role in the accident, a Hagerstown, MD car accident lawyer can help you determine whether you have a right to compensation.

What Is Contributory Negligence in Maryland?

Maryland’s contributory negligence law dictates that if an injured person is found even one percent at fault for an accident, they are completely barred from recovering any damages from the other party involved. Most other states follow the comparative negligence rule, which allows victims to recover partial damages even if they share some blame.

More than once, people have tried to get Maryland to shift to the more lenient comparative negligence system. They failed in the 1983 case Harrison v. Montgomery County Bd. of Education and again nearly 30 years later in Coleman v. Soccer Association of Columbia. Therefore, if the cause of your accident can be attributed to you in any way, you will not be able to recover compensation.

Examples of Contributory Negligence in Car Accident Claims

Common real-world examples of contributory negligence for car accident claims include:

• Distracted driving: A driver ran a red light, but the injured driver was briefly looking at a phone when the crash occurred.

• Speeding: One driver made an unsafe lane change while the other was going a few miles over the speed limit.

• Failure to signal: A truck drifts into another lane without warning, but the other driver also failed to use a turn signal while moving over.

• Improper turns: A vehicle turns left against oncoming traffic, but the other driver made the turn from the wrong lane.

• Rolling stops: A car blows through a stop sign, but the injured driver also did not come to a complete stop.

In each of these examples, an insurer can use the injured driver’s actions and the contributory negligence law to shift blame.

How Contributory Negligence Impacts Car Accident Claims

Maryland’s strict contributory negligence law gives insurance companies a powerful tool to avoid paying injury claims. Keep in mind that the adjuster assigned to your case is primarily concerned with protecting the company’s best interests. They will ask detailed questions about speed, distractions, lane changes, and even minor driving decisions. Even a small comment admitting that you "might have been going a little fast" could become the basis for arguing that you demonstrated contributory negligence.

Sometimes they act in bad faith, like offering you a low settlement or denying your claim without reason. To ensure you have a fair chance at receiving the compensation you deserve, talk to an attorney before you speak with an adjuster. They will handle negotiations for you. Under Md. Code, Courts & Judicial Proceedings § 5‑101, you only have three years from the date of your accident to file a lawsuit. Act fast to protect your claim.

Get a Free Consultation With a Hagerstown, MD Car Accident Attorney

If you think Maryland’s contributory negligence law may create challenges in your car accident case, talk to the Washington County, MD car accident lawyer at Serafini Law. You need an attorney who is aggressive with insurance companies and supportive with clients. Call 240-744-1600 to schedule your free consultation today.