I am Partially at Fault for My Maryland Car Accident. Can I Recover Compensation?

Navigating the aftermath of a car accident can be challenging, especially when it comes to understanding how fault is determined and how it can affect your claim. In Maryland, the concept of contributory negligence plays a significant role in car accident claims. Understanding how this legal standard works and how it can affect your ability to pursue compensation is vital if you were involved in a car accident and are partially at fault. At Hardball Law, our Towson car accident lawyer frequently helps clients and potential clients understand contributory fault and other rules that apply to Maryland car accident cases. Below is what you need to know if you’ve been involved in a Maryland car accident and are partially at fault.

Comparative vs. Contributory Negligence

In the United States, when it comes to personal injury claims, there is contributory negligence and comparative negligence. These two legal principles play a vital role in determining how fault is allocated between the parties involved in an accident, and, ultimately, how compensation is awarded. Comparative negligence, the rule applied in most states, holds that even if a party is partially liable for their accident, they can still recover compensation. However, their compensation will be reduced by their percentage of fault. For instance, if a plaintiff is 30% at fault for their accident, their compensation will be reduced by 30%. However, the modified comparative negligence rule bars claimants from recovering compensation if their percentage of fault exceeds a certain threshold.

Contributory negligence is different from comparative negligence. This legal principle only applies in a few states. Maryland is one of the states that follow the contributory negligence rule. Under the contributory negligence rule, victims cannot pursue compensation if they are found to be partially at fault for their accident. So, unfortunately, if you were involved in a Maryland car accident and were partially at fault, you cannot recover compensation. Even if you were only 1% at fault for your accident, you cannot recover compensation.

Minor Mistakes Can Jeopardize Your Car Accident Claim in Maryland

Since car accident victims who are even 1% at fault for their accident are barred from recovering compensation in Maryland, defendants and insurance companies often look for indications that an injured party may have been even slightly responsible for their accident. Even a simple error on your part can result in a complete denial of your claim. This can include driving slightly over the speed limit, failing to use a signal before turning, or other minor missteps. Defendants and insurance companies seize any chance to attribute even a fraction of fault to claimants in order to avoid paying compensation.

You Should Not Assume Guilt

It is crucial that if you were in a car accident, you avoid assuming guilt prematurely. Fault is not always clear-cut. The determination of fault in a car accident case hinges on many factors, including traffic laws. You might think you made a mistake when the truth is that you didn’t. Before assuming guilt, it is crucial to gather evidence, consult with an attorney, and understand all circumstances surrounding your accident.

Contact Us for Legal Help

Contact a Towson car accident lawyer at Hardball Law if you’ve been involved in a car accident and have questions or concerns. With experience representing clients in Towson and Baltimore, we can help you determine if you have a compensation claim.