Can You Recover Compensation if You Were Partially at Fault in a Maryland Left-Turn Crash?
If you’ve been in a left-turn accident in Maryland, you may wonder if your own actions can prevent you from recovering compensation. So, can you recover compensation if you were partially at fault in a Maryland left-turn crash? In Maryland, in most cases, you may not be able to recover compensation if you were partially at fault for your left-turn accident. This is because of the state’s strict contributory negligence law. However, exceptions exist for this rule that may allow you to recover compensation. Keep reading!
Understanding Maryland’s Contributory Negligence Rule
Maryland is one of the four states that still applies the pure contributory negligence rule. This is one of the strictest laws in the country. Under this law, if you are found with even the slightest percentage of fault for an accident, you cannot seek any damages from the other party. This differs significantly from “comparative negligence” states. In these states, an injured party can still seek compensation even if they share some blame.
In the context of a left-turn accident, consider the example below:
Suppose you were driving through an intersection. You ignored a red traffic light and collided with a vehicle turning left. In such a case, even if the left-turning driver failed to yield or was distracted, your decision to run the red light can bar you from recovering compensation under Maryland’s contributory negligence rule.
How Is Fault Determined in a Left-Turn Accident?
Contrary to what most people think, fault in a left-turn crash is not automatically assigned to the left-turning driver. Like in other car accident cases, fault is based on negligence, and is determined by gathering evidence, such as;
- The police report
- Surveillance footage
- Traffic footage
- Witness statements
- Vehicle damage analysis
Some of the key factors that influence fault in a left-turn crash include;
- Right-of-Way: Generally, left-turning drivers have a duty to yield to oncoming drivers and ensure it is safe to make the turn before proceeding.
- Traffic Signal Violations: For example, if the oncoming driver ran a red light, they may be at fault (at least partially).
- Reckless Behavior: Was either driver distracted, speeding, or otherwise violating traffic laws? If so, they could be held liable (partially or wholly).
The Last Clear Chance Exception
Maryland’s contributory negligence rule has some limited exceptions. The most notable one is the “last clear chance” doctrine. Under this exception, a plaintiff can recover compensation even if they are partially to blame for their accident if they can show that the defendant had the last clear chance to avoid the harm to the plaintiff after they (the plaintiff) performed their negligent act or actions, but failed to do so.
Let’s explore an example: Imagine you entered an intersection after failing to notice a stop sign. A left-turning driver saw you but still proceeded with their turn even though they had enough time to stop. In this case, even though you were negligent, the other driver had the last clear opportunity to prevent the accident, but they failed to do so. You may still obtain damages under the “last clear chance” exception.
However, such an exception is not easy to prove. Strong evidence and legal guidance are vital.
Contact Us for Legal Help
If you’ve been in a left-turn accident in Towson or Baltimore County, our skilled Towson car accident lawyer at Hardball Law can help protect your rights and pursue the best possible outcome for your case. Contact us today to schedule a consultation.
