As this blog has discussed in the past, Maryland law continues to employ a very strict framework in determining which accident victims can recover for their injuries. Under Maryland’s contributory negligence doctrine, only those accident victims who are truly free of all fault will be able to successfully pursue a claim against other at-fault drivers.
This doctrine has repeatedly been called into question, and lawmakers have submitted bills 21 times over the past few decades in an attempt to bring the state’s law more in line with the rest of the country. However, none of these measures have passed. Maryland’s contributory negligence law has also come under attack in the court system. That said, in the most recent case bringing the issue to the court’s attention, the court declined to get rid of the doctrine, explaining that it was up to the lawmakers to pass a new law. So, for the time being, Maryland accident victims are stuck with the state’s contributory negligence doctrine.
Given this reality, it is imperative that Maryland vehicle accident victims know what constitutes negligence. One common – but incorrect – assumption is that an accident victim will not be able to pursue a claim for compensation if they were injured while not wearing a seatbelt.