Being struck by a vehicle is a traumatic experience, and the injuries that follow can be life-changing. If you were jaywalking at the time, you may assume that you have no legal options. In Maryland, that assumption is understandable, but knowing where you actually stand under the law could make all the difference in whether you can recover compensation for your injuries.
Understanding Maryland’s contributory negligence rule
Maryland is one of only four states, along with Virginia, Alabama and North Carolina, that still follow the rule of pure contributory negligence. Under this rule, if you contributed to your own injuries in any way, even by 1%, the court may prevent you from recovering damages, regardless of how reckless the driver was or how serious your injuries are.
For jaywalking pedestrians, this rule is particularly tough. Crossing outside a marked crosswalk or against a traffic signal can be seen as negligence on your part, and insurance companies will often use it as grounds to deny your claim outright, even when the driver was distracted, speeding or otherwise at fault.
Using the last clear chance doctrine to preserve your claim
Even if you were jaywalking, one important exception may still save your claim. Under Maryland’s last clear chance rule, you can recover damages if the driver had a clear, final opportunity to avoid hitting you and failed to take it.
For example, if a driver saw you in the road from a good distance and had enough time to brake or swerve but did not, they may be held fully liable despite your jaywalking. This exception is narrow and hard to prove and requires specific evidence about the driver’s visibility, reaction time and opportunity to avoid the crash, which is why having legal guidance is critical.
What this means for your case
Your situation is serious but not necessarily hopeless. The details of the accident matter a great deal and can make the difference between recovering nothing and recovering full compensation. Maryland’s contributory negligence rule gives insurance companies significant power to deny your claim. That power should not go unchallenged.
An experienced personal injury attorney can look into the circumstances of the accident, identify evidence that supports the last clear chance argument, and push back against attempts to use your jaywalking as a cover for a driver’s own negligence. Do not assume your case is over before it starts.