If you are in an auto accident in Maryland, there are very strict – some would even say archaic – ways that the law deals with compensation and liability. Maryland is one of the only states that is guided by comparative fault. Comparative fault is a system which means that more than one person can be found at fault and liable to pay for injuries and damages related to an auto accident. In comparative fault states like Maryland, it is possible for each party to be found partially responsible, and therefore liable for an accident.
Typically in comparative law states, each party is assigned their portion of responsibility for an accident by a percentage that they are at fault for it happening. The total of damages and injuries is then calculated, and each party is liable to pay for what their percentage of fault is determined to be. For instance, if you are in an accident and you are determined to be 20% at fault and the total damages equal $10,000, you would be responsible for paying $2,000, and the other party would be liable for the remaining 80%.
Maryland differs from other states in the way that they deal with comparative fault, however. Maryland law holds fast to the idea of contributory negligence, which differs from comparative negligence. In Maryland, if you are responsible for any portion of the blame for an accident, or if you were negligent to any degree, then you are not able to recover for your damages and injuries in a court of law.
Contributory negligence affects the way that both jurors and judges can award damages in a trial. In the case of a formal lawsuit, if you are partially responsible for an accident – even 1% – then you are entitled to nothing if the case goes to trial. That gives insurance companies an advantage when they are trying to negotiate a fair settlement for your property damage and injuries. Since adjusters are typically capable of anticipating how courts will rule due to contributory negligence constraints, they usually will offer less than you are entitled to, knowing that you have no recourse if the case goes to trial.
So how does the court determine fault?
Since there is no empirical equation that determines who is at fault in an accident, trying to prove that someone is 100% responsible can be tricky. For example, if someone pulls out in front of you and you hit them, then if Maryland was an at-fault state, the person who pulled out would be at fault and liable to pay for your damages and injuries. But, since Maryland is a contributory negligence state, if you were going 10 miles over the speed limit when you hit the other car, then the insurance company might be able to argue that you bear liability in the case. Even if they can prove that you held just 1% responsibility for the accident, then a judge and jury would not be able to give you any compensation for your damages and injuries.
Insurance companies know how to limit the amount they are obligated to pay for damages and injuries because of the way that contributory negligence works. Often forcing plaintiffs to take less than they are entitled to, it is imperative that you get a Baltimore auto accident attorney on your side to prove that the other driver is 100% at fault for your accident. If there is even the slightest chance that you contributed at all, then you are going to have to take whatever the adjuster is offering or risk recovering nothing.
An excellent car accident attorneys in Baltimore can help get you the compensation that you deserve by proving that you aren’t responsible for any contributory negligence for your auto accident case. Even if you are, they can help to fight the insurance company during the negotiation phase so that the insurance company is forced to offer a settlement that will cover your injuries for the here and now and for the future. Without anyone in your corner, it is easy to find yourself out of luck to recover for your injuries.
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