Maryland Car Accident Lawyer

Can you lose a Maryland car accident claim for being slightly at fault?

Yes. Maryland follows contributory negligence, so if a jury decides you were even a little responsible for the crash, you may recover nothing from the other driver.

That makes Maryland car cases different from claims in nearly every other state. The other driver's insurer does not need to prove you were mostly to blame. It only needs to convince a jury that you contributed in some small way, such as looking away for a moment, being a few miles per hour over the limit, or failing to brake as early as possible. Our work focuses on showing that you did nothing wrong.

How does contributory negligence play out at an intersection?

At an intersection, both drivers usually claim the right of way, and Maryland's rule turns small disputes into all-or-nothing outcomes.

Picture a crash on Route 1 in College Park. You were going straight on a green light. The other driver turned left across your path. Your damages total $90,000. The insurer argues you were going 5 miles per hour over the limit.

• If the jury finds the other driver 100% responsible, you recover the full $90,000, subject to Maryland's cap on noneconomic damages.
• If the jury decides your speed contributed even 5%, you may recover nothing.
• In a neighboring comparative fault state, that same 5% would only reduce the award to $85,500.

Signal timing records, traffic camera footage, vehicle data and independent witnesses help prove the crash was entirely the other driver's fault. Maryland also recognizes the last clear chance doctrine, a narrow exception when the other driver had a final, fresh opportunity to avoid the crash.

What does Maryland PIP cover?

Maryland PIP pays a portion of medical bills and lost wages after a crash, regardless of who caused it, unless the policyholder waived it in writing. That makes PIP especially valuable in Maryland.

Because contributory negligence can wipe out a claim against the other driver, PIP may be the most reliable source of early payment. You file with your own insurer, or with the insurer of the vehicle you were in. PIP does not pay for pain and suffering, so serious injuries still require a claim against the at-fault driver. Maryland also requires uninsured motorist coverage on auto policies, which helps when the other driver had no insurance or left the scene.

Which Maryland roads lead to serious crashes?

Maryland's dense corridor between Baltimore and Washington, D.C., and its beach and mountain routes each bring their own crash patterns.

Beltways and commuter roads

The Capital Beltway, the Baltimore Beltway, I-270 and I-95 carry some of the heaviest traffic on the East Coast. Sudden slowdowns, aggressive lane changes and work zones cause frequent rear-end and sideswipe crashes.

Bay Bridge and beach traffic

The Chesapeake Bay Bridge and U.S. Route 50 fill with summer traffic. High winds, narrow lanes and backups create chain-reaction crashes.

Western Maryland

Interstate 68 and Interstate 70 cross mountains with steep grades, fog and winter snow that challenges both cars and trucks. For commercial vehicle crashes, see our Maryland truck accident page.

What special rules apply to Maryland crash claims?

Several Maryland rules can change how a crash case works, especially seat belts, government vehicles and damages.

• Seat belts: evidence that you were not wearing a seat belt generally cannot be used to reduce or defeat your claim.
• Local government vehicles: written notice is generally required within 1 year for crashes with county or city vehicles, well before the 3-year lawsuit deadline.
• Damages: Maryland caps noneconomic damages, such as pain and suffering, but not economic losses like medical bills and lost wages.
• Rideshare: app-based ride crashes may involve the company's commercial coverage; see rideshare and taxi accidents.

What should you do after a Maryland car crash?

Get care, open your PIP claim and preserve evidence that shows you were not at fault. You generally have 3 years to sue.

1. Call police and get the report number.
2. Photograph signals, lane markings, vehicle positions and damage.
3. Note any witness names and nearby cameras.
4. Notify your insurer and ask about PIP and uninsured motorist coverage.
5. Avoid recorded statements to the other insurer, which may try to find a small admission of fault.

Read more about car accident claims, or visit our Maryland injury guide. We offer a free case review, and there is no fee unless we win.