When someone gets behind the wheel while intoxicated, they aren’t just breaking the law—they are also putting everyone around them at risk. In Maryland, drivers who cause accidents while under the influence can be held accountable through criminal charges and in civil court through personal injury lawsuits. In DUI cases, Maryland law provides a critical legal concept known as negligence per se that can make it easier for victims to prove the impaired driver’s responsibility.
What Is Negligence Per Se in Maryland?
In most personal injury cases, proving negligence requires showing that the at-fault driver failed to act with reasonable care. However, in cases involving DUI, the legal principle of negligence per se can apply. Negligence per se means that a driver is automatically considered negligent if they violate a law designed to protect the public and that violation directly causes harm to someone else.
In Maryland, driving under the influence is illegal under Maryland Transportation Code § 21-902. This law protects the safety of everyone on the road by prohibiting impaired driving. When a driver violates this law and causes an accident, they are automatically considered negligent because they’ve broken a safety law intended to prevent the exact type of harm that occurred.