A material aspect of a truck accident is finding out who is to blame for it. Is there only one person at fault or are there multiple people responsible? This allows courts to weigh whether to award compensation and how much to award.
While most states have adopted a comparative negligence system, where the court reduces the victim’s compensation by their percentage of fault, Maryland is one of the few states that follow the contributory negligence rule in truck accidents and other personal injury claims.
But what does contributory negligence mean and how does it affect claims for damages?
Fault is an absolute bar to compensation
In Maryland, truck accident victims who share fault, even at the slightest, by failing to exercise due care cannot recover damages for their injuries. For example, if a truck driver ran a red light and collided with another vehicle, but the other driver was speeding at the time of the accident, the other driver is partially at fault. Consequently, Maryland laws bar them from recovering any compensation.
This means that if a person injured in a truck accident seeks compensation for their injuries and losses, they must prove that they were not at all responsible for causing the accident. They must prove absolute non-negligence because even a small percentage of fault attributed to them can result in a complete loss of their right to compensation.
Exploring keys to a strong claim
Whether there is contributory negligence can have a significant impact on truck accident cases. Hence, a thorough investigation and competent legal representation to prove that the truck driver or trucking company was entirely at fault for the accident are crucial in making a strong claim for damages.
