Does Imputed Contributory Negligence Apply in Maryland Car Accident Cases?

Maryland is one of the few remaining states that apply the legal doctrine of contributory negligence. Under this principle, if a claimant is even slightly to blame for their injuries, they are barred from recovering compensation. This strict rule can make it highly challenging for injured individuals to seek justice, as even the smallest degree of fault can result in the denial of claims. An aspect of this rule that has long been contentious, especially in the context of car accidents, is the doctrine of imputed negligence, which can further complicate matters for people seeking compensation. Below, we discuss the role of imputed contributory negligence and how Maryland courts treat imputed negligence.

Understanding Imputed Negligence

Imputed negligence arises when one person’s actions or negligence is attributed to another, typically because of a relationship between the two. In the context of auto accidents, this means that if someone’s negligence contributes to an accident, their actions can be imputed to another person, such as a passenger or vehicle owner, possibly barring them from recovering compensation. The rationale behind the concept of imputed contributory negligence is that the owner of a vehicle, even if a passenger, might have some level of control or responsibility over the driver’s actions.

Often, the doctrine of imputed negligence was used in car accident cases to prevent innocent parties from recovering compensation as it could link a passenger’s right to recovery with the driver’s negligence. Under Maryland law, if a claimant is found to be even slightly negligent (even 1%), they can be completely barred from recovering damages.

How Do Maryland Courts Treat Imputed Negligence?

In 2018, a Court of Appeals decision marked a significant turning point in how Maryland courts treat imputed contributory negligence. In this case, the plaintiff was injured when the defendant backed his truck into her (the plaintiff’s) car while she was a passenger. Her husband had not parked the car in a spot; instead, he positioned it behind the defendant’s truck, perpendicular to it. According to the defendant, the plaintiff’s husband’s negligent parking caused the crash, and that under the principle of imputed negligence, his negligence should be attributed to her, thus barring her from recovering damages. The court sided with the defendant, but the plaintiff appealed.

The Court of Appeals of Maryland, in the end, said that the doctrine of imputed contributory negligence does not apply in the case. According to the Court of Appeals, this doctrine no longer reflects the realities of modern society and vehicle ownership.

This decision is significant as it limits the use of imputed negligence as a defense in car accident cases, especially in cases where innocent passengers don’t have control over the driver’s actions. As much as some defendants may still raise this defense, this court decision makes it less likely for innocent plaintiffs to have their recovery barred.

Contact Our Skilled Car Accident Lawyer

If you’ve been in a car accident because of another party’s negligence, contact an experienced Towson car accident lawyer at Hardball Law. We serve clients in Towson, Baltimore, and throughout Maryland.

Source:

mdcourts.gov/data/opinions/coa/2018/26a17.pdf