Maryland Car Accident: How is Fault Determined?

Maryland Injury Attorney Defines Contributory Negligence Laws

Video Transcript:

Rob Rosenthal:

If you're in a car accident in Maryland, how is fault determined? We ask Maryland attorney Gwen-Marie Davis Hicks in this AskTheLawyers™ Quick Question.

Gwen-Marie Davis Hicks:

Maryland is one of these tricky states where we have a law—there's only a few states that actually have it—that’s what we call contributory negligence. So, in order for a case to be a good case, you would have to be 100% not at fault. If we have a witness and you have great injuries, it's a great case; we've been able to turn some cases around that look different from what the police report said on its face. So it's definitely important to not give a statement after an auto crash, because your statement could be something that hurts you, especially in a state like Maryland where contributory negligence is prominent. What contributory negligence essentially is: if you're just 1% at fault, even 1%, you're completely barred from recovery. So it's definitely important knowing that fact to call us up front, so that we can help guide you through, to navigate those waters so you don't sink your case.

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