How an Accident Victim’s Fault Can Affect Their Maryland Car Accident Claim

Many Maryland car crashes are not straightforward and some cases involve many parties. Knowing who is to blame is not always clear, which is why so many insurance companies and defendants fight back. Oftentimes, defendants will try to lay blame on the victim in order to relieve themselves of liability. This is an especially useful strategy for defendants in Maryland, because the state follows a law that can be very harsh for car accident victims who are partially at fault.

What Happens to Your Personal Injury Case if You Were Partially at Fault for Causing a Car Accident

If a Maryland plaintiff is found to be even partially at fault for an accident, the plaintiff cannot recover compensation from any other parties. This doctrine, known as contributory negligence, is no longer followed by the majority of states, but Maryland is among the few states that continue to apply it. The state legislature has continued to uphold the doctrine despite much criticism of the doctrine. The majority of states in the United States follow a version of comparative negligence. Under the doctrine of comparative negligence, a plaintiff may still recover some compensation even if the plaintiff is partially at fault, though some limit the plaintiff’s fault to 50% or less.

If a case goes to trial, a jury (or judge, in some cases) will consider the plaintiff’s fault while it is considering the defendant’s fault and decide whether the plaintiff is partially at fault. However, the defendant must provide evidence of the plaintiff’s negligence and has the burden to prove each element of a negligence claim to show that the plaintiff acted negligently. In addition, a court will only provide a jury instruction and allow the jury to consider the plaintiff’s fault if the defendant sufficiently establishes that the plaintiff was negligent. And just as any defendant, the plaintiff can defend against claims that the plaintiff acted negligently by submitting arguments and evidence in their defense.

One Person Killed in Multiple-Vehicle Baltimore County Crash

One person was killed after a fatal crash that involved multiple vehicles on a recent afternoon in Baltimore County. According to a recent news report, one driver rear-ended the victim while both were driving on I-95. The crash caused a chain reaction, according to police, causing two other vehicles to crash. The victim was 30 years old and was from Catonsville, Maryland. One of the other drivers was taken for medical treatment. The cause of the crash has not yet been determined, and is still under investigation.

Consult with a Baltimore Personal Injury Lawyer

If you have been injured in a Maryland car accident, consult with an experienced attorney as soon as possible. The law firm of Lebowitz & Mzhen has the tenacity and resources to pursue all of the parties responsible for causing your injuries and defend against claims of your own fault. Our legal team will assess your claim, answer your questions, and take you through each step of the legal process. To schedule a free consultation, call Lebowitz & Mzhen at (410) 654-3600 or contact them through their online form. Calling is free, and we will not bill you for our services unless we can help you recover the compensation you deserve.

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