You were injured, and someone else caused it. Now the opposing side is pointing the finger at you, claiming you contributed to the incident. In Maryland, that accusation carries serious legal weight because the state follows one of the strictest doctrines in the country. And it could cost you everything.
Maryland is one of the last states using contributory negligence
Most states afford injured individuals an equitable opportunity to pursue compensation even when they bear partial responsibility. Under comparative negligence, if a jury determines you were 10% at fault, you simply recover 10% less. It is a framework built around proportional fairness. Maryland operates differently.
Under the doctrine of contributory negligence, if you are found even 1% responsible for your own injuries, you lose your right to recover any compensation at all. Maryland is one of only a handful of jurisdictions in the entire country still applying this rule, one that most states abandoned decades ago.
What shared fault actually looks like in court
In Prince George’s County, it can look like this: You are rear-ended at an intersection, but the other driver’s attorney argues you braked too suddenly. You slip and fall at a grocery store but the defense claims you were wearing improper footwear. You are hit by another vehicle, but the other side asserts that you were going a few miles over the speed limit.
Under Maryland law, the opposing side only needs to convince a jury that you contributed to the incident even slightly. If they succeed, you lose your right to compensation entirely.
The contributory negligence rule matters when filing a claim
Insurance companies understand this rule better than most. When you file a claim, their goal is to minimize their financial liability. And in Maryland, all they need to do is show you played some role in what happened. It does not take much. A small detail or a minor inconsistency could cause you to lose your entire claim.
That is why having an experienced personal injury attorney matters. A skilled attorney understands how this rule is used, what to look for and how to build a case that keeps the focus on the other party’s negligence.