How does Maryland’s contributory negligence rule affect claims?

On Behalf of | May 6, 2025 | Motor Vehicle Accidents |

If you’re in a car accident in Maryland, state law makes it harder to recover damages than in most other places. That’s because Maryland follows the contributory negligence rule. Understanding this rule can help you avoid surprises when dealing with claims.

What is contributory negligence?

Contributory negligence means you can’t recover damages if you’re even 1% at fault for the accident. This rule is strict. Most other states follow a comparative negligence system, where partial fault still allows for reduced compensation. But in Maryland, any shared blame can block your claim completely.

How fault is determined in Maryland

After a car accident, insurance adjusters or courts look at the facts to decide fault. This includes police reports, photos, witness statements, and other evidence. If the evidence shows that you did anything that contributed to the crash, like speeding a little or not using a turn signal, your claim could be denied. That’s true even if the other driver was far more at fault.

Why this rule matters for your claim

This rule affects how both insurance companies and courts handle car accident cases. Insurance adjusters know about Maryland’s strict standard, and they may use it to avoid paying claims. Even small errors on your part, like rolling through a stop sign or glancing at your phone, could cost you your entire compensation.

How to protect your right to compensation

Take careful steps after a car accident. Get medical help, gather strong evidence, and avoid admitting fault. Stick to facts when speaking to police or insurance companies. They can use even casual remarks like “I didn’t see them coming” against you. Since the bar is high in Maryland, strong evidence makes a difference.