Maryland Car Accident Law
Maryland is one of only a small number of states that still follows the doctrine of pure contributory negligence. Under this rule, if a plaintiff is found to be even one percent at fault for the accident, they are completely barred from recovering any damages — regardless of how severely they were injured or how negligent the other driver was.
This makes Maryland car accident litigation both higher-stakes and more complex than in comparative negligence states. The defense's primary strategy is almost always to establish some degree of contributory fault. An experienced attorney anticipates and counters this strategy from the earliest stages of the case.
What You Must Prove in a Maryland Car Accident Case
To recover damages for injuries in a Maryland car accident, you must establish:
- Duty — The other driver had a duty to operate their vehicle safely and in compliance with Maryland traffic laws
- Breach — The other driver breached that duty through negligent conduct (speeding, running a red light, distracted driving, drunk driving, failure to yield, etc.)
- Causation — The breach directly and proximately caused the collision and your injuries
- Damages — You suffered actual damages as a result — medical bills, lost income, pain and suffering, and other compensable losses
Recoverable Damages in Maryland Car Accident Cases
| Category | Examples |
|---|---|
| Economic damages | Medical expenses (past and future), lost wages, lost earning capacity, property damage, rehabilitation costs |
| Non-economic damages | Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, loss of consortium |
| Punitive damages | Available in limited circumstances involving malice or egregious conduct (e.g., drunk driving cases) |
The Insurance Company Problem
After a Maryland car accident, the other driver's insurance company begins building its defense immediately. Adjusters are trained to obtain recorded statements that can be used to establish contributory negligence, offer early settlements that undervalue long-term injury costs, and delay claims until evidence degrades and the statute of limitations pressure mounts.
You should not provide a recorded statement to the other driver's insurance company without first speaking to an attorney. Statements made in the days after an accident, before the full extent of injuries is known, routinely come back to harm claims at the litigation stage.
Maryland personal injury claims, including car accident claims, are subject to a three-year statute of limitations under Courts and Judicial Proceedings Article §5-101. A claim not filed within three years of the accident is permanently time-barred, with narrow exceptions. Evidence degrades, witnesses become harder to locate, and accident reconstruction becomes less reliable as time passes. Early retention of counsel protects both the deadline and the evidence.