The laws relating to fault and negligence in an accident can be complicated and confusing. Every state has its own individual way of handling personal injury liability cases. Auto accident law in Maryland has some particularly unique rules when it comes to personal injury cases. In the event that you're injured in an accident in Maryland, it's vital to understand how these laws work.
Maryland is one of very few states to use a regulation known as "contributory negligence." Whereas in many states, if a person is partially at fault for an accident, they can still claim damages, this isn't the case in Maryland. In a state that uses comparative negligence, the damages that can be recovered from an injury lawsuit can be reduced if the plaintiff is partially at fault. In Maryland, however, any fault on the part of the plaintiff completely absolves the other party, even if the accident was mostly their fault.
Because of this particular auto accident law in Maryland, receiving damages in a personal injury case can be very difficult. Defense attorneys will go to great lengths to prove that the plaintiff was at least 1% responsible for the accident, which can end the case immediately. They can even use slippery claims like, "If the plaintiff was driving at an appropriate speed, he or she wouldn't be in the place of the accident at the time of the accident."
Another way that a person can avoid paying damages is if they can prove that the plaintiff willfully undertook a degree of risk that contributed to the accident. In auto accident law in Maryland, this is known as "assumption of risk." This law usually applies to potentially dangerous recreational activities - things like scuba diving or skiing. However, this law can also apply to auto accident cases, so you should be aware that some defense attorneys will attack from this angle.
There are a lot of easy ways to lose a personal injury case in Maryland and be left high-and-dry paying for medical bills out of pocket while losing wages due to missing work. When involved in a personal injury case, you should be sure to retain the services of an expert in auto accident law in Maryland. A good lawyer can help you get the damages you deserve when another driver injures you through their negligence.