Car accidents can have significant consequences for those involved. This includes physical, financial and emotional impacts. In such cases, financial support may be necessary to cope with the aftermath.
However, in Maryland, the state follows the contributory negligence rule when it comes to seeking compensation for damages. This rule can hinder your ability to receive just compensation. So, it is crucial to understand how this rule can affect your personal injury case, particularly after a traumatic car accident.
Maryland’s “at fault” system
Like many states, Maryland operates under an “at fault” system for insurance claims. This is commonly referred to as a “tort” system. Under this system, to successfully claim compensation, the injured party must establish complete fault on the part of the other driver involved in the accident. This sets the foundation for seeking just compensation.
The state’s negligence rule
While it shares similarities with other states, Maryland differs from most states when it comes to its negligence rule. Its system applies a strict contributory negligence rule.
According to this rule, if you, as the injured party, bear even 1% of the fault for causing the accident, it may prevent you from recovering any damages from the other driver. This remains true even if they are 99% at fault. As a result, it can significantly impact your ability to receive just compensation for your physical injuries and emotional suffering.
Fighting for compensation
Maryland’s contributory negligence rule can pose challenges in obtaining compensation after a car accident. Coupled with the stress of losing your livelihood, navigating this rule alone can be complex. It can also affect the amount of compensation you can get for your physical injuries, emotional suffering and other losses. Given these challenges, you can consider seeking a personal injury lawyer. They can take steps that you may not be able to on your own, protecting your rights and pursuing fair compensation.
