What Is Maryland’s Contributory Negligence System For Car Accidents? 

 Posted on April 04, 2025 in Car Accidents

Auto accidents are usually upsetting and painful, but Maryland’s unusual contributory negligence system for car accident claims adds legal uncertainty. In contributory negligence, if the injured party contributed in any way to the accident, even 1 percent, they cannot receive compensation for their damages, including medical bills, lost income, pain and suffering, etc.

Maryland is one of only a few states and jurisdictions - including North Carolina, Alabama, and Washington, D.C. - still using the rule. Critics of contributory negligence argue that the system is outdated and sometimes leaves critically injured parties without compensation for their medical bills. Supporters say contributory negligence encourages people to be more responsible and decreases frivolous personal injury lawsuits.

Familiarizing yourself with the contributory negligence system is critical for understanding your rights after a car accident. A Maryland auto accident attorney can provide additional information about contributory negligence and whether you may be entitled to compensation after your accident.

Contributory Negligence vs. Comparative Negligence

The contributory negligence system states that the injured party cannot receive compensation for their losses if they bear any blame for the crash. This is vastly different from the comparative negligence system that many states have, where the injured person can often receive compensation even if they were partially liable for the accident. For instance, in Texas, you can be partially to blame for the accident and receive compensation, as long as you are not more than 50% at fault.

Contributory Negligence Auto Accident Examples 

It is helpful to review various car accident scenarios to understand Maryland’s contributory negligence system: 

Speeding and Rear-End Crash 

Suppose you were driving on a Maryland interstate. Another driver in front of you slams on their brakes without signaling. You hit your brakes, but still slam into the back of the car. The other party sues you because they say you were speeding. You claim they caused the accident by slamming on their brakes for no reason.

In court, if it is proven that you were speeding, you cannot receive compensation for your injuries. Your attorney will play a vital role in presenting evidence to prove that you were not in the wrong.

T-Bone Crash at Stop Sign

What happens if you are approaching a stop sign on a rural Maryland road and you roll through the intersection without entirely stopping when another car with the right-of-way T-bones your vehicle? You have serious injuries and sue the other driver for speeding. They say you did not stop. You cannot receive compensation if the court determines that your failure to fully stop contributed to the crash.

Proving you were 100% blameless is essential for recovering compensation in a contributory negligence state. That is why selecting a knowledgeable and experienced auto accident attorney is critical to your case.

Contact a Washington County, MD Car Accident Lawyer 

A severe car accident injury is bad enough, but wondering if you can receive compensation adds uncertainty to an already stressful situation. An experienced Hagerstown, MD car accident attorney at Serafini Law can explain the contributory negligence system and determine if you are eligible for compensation. Attorney AJ Serafini answers calls 24/7 and is available to answer your questions. Call 240-744-1600 today for a complimentary consultation. You pay no legal fees unless we win your case.