What is an Example of Contributory Negligence? Does It Mean I Lose My Case?

Seasoned Baltimore personal injury and accident lawyers have seen the law imposes a duty on every driver to see everything they should have seen [even if they didn't] had "they properly exercised his faulty of vision". Colmes v. Zamoiski, 294 A.2d 120. There, the court noted that a driver who fails to see what they should have is essentially the same as a blind person operating that vehicle.

 

If that driver fails to perceive something that they should have perceived, and that failure causes or contributes to an automobile accident, then that failure is considered negligence [and contributory negligence if that person is a plaintiff].

This is so even if, e.g. a car is stopped on the highway without flashers. Baltimore personal injury and accident lawyers are aware, however, that the presence of fog, smoke, rain, snow and the like may excuse the failure to perceive. 

Contributory negligence is a harsh and unforgiving concept. Most states left this doctrine behind years ago. Maryland continues to adhere to it, and Maryland courts continue to deny financial recovery to those injured by the negligence of others if they contribute the the accident in the slightest of ways. An experienced personal injury attorney can navigate these treacherous waters for you. A knowledgeable attorney is aware of the exceptions to the rule, and the most persuasive arguments around them.

I've handled hundreds of cases involving allegations of contributory negligence. If an insurance company has used this to deny your recovery, I'd suggest we meet today. 410 591 2835. 

 

CAN I CARRY A CONCEALED WEAPON IN MARYLAND?

Maryland law defines a handgun as a pistol, revolver, or other firearm capable of being concealed on the person. A short-barreled shotgun and a short-barreled rifle are within the definition, while a shotgun, rifle, or antique firearm is not. A...

CAN I CARRY A STUN GUN OR TASER IN MARYLAND?

It depends on where you are. Maryland law allows you to possess a stun gun or taser under certain circumstances.  The law also provides that municipalities and local governments can enact more stringent rules should they chose to do so, and...

Reasons to Hire a Personal Injury Lawyer

As long as you’re alive you’re vulnerable to accidents. When this happens, you should consider filing a claim to get compensation for your injuries. Personal injury claims are meant to benefit anyone suffering from psychological or...

IS IT A CRIME IN MARYLAND TO BE A PEEPING TOM?

The answer is yes. It is a crime. Maryland law punishes the viewing of another in a dressing room or restroom at a retail store, by direct sight, or by using a camera, mirrors, or other surveillance device. You can go to jail for a 30 days, and be...

When Do I Need to Hire a Personal Injury Lawyer?

A personal injury lawyer is your advocate when an insurance company is denying you vital compensation due to an injury. When there are great losses at stake if you try to defend your claim alone, it is wise to hire a personal injury...

TOP FIVE QUESTIONS ABOUT DOG BITE CASES

As with some jurisdictions, Maryland law holds the owners of dogs that attack and injure others while running at large strictly responsible for those injuries. The animal’s owner is responsible for any injury or death caused by the dog while...

TOP THREE PEDESTRIAN ACCIDENT QUESTIONS

Determining liability in pedestrian vs. automobile accidents illustrates the strict and harsh nature of an ancient legal concept still employed by Maryland courts. The principle is called contributory negligence, and holds that an injured person...

FAQs Regarding Automobile Accident Insurance

Around this time of the year, many of my clients do some planning for the following year. I think it's generally a wise thing to do. One of the things I would encourage anyone to do is look at their insurance coverage. It's appropriate for...

WHAT IS THE STATUS OF MY PERSONAL INJURY CASE?

I’ve sometimes asked “what is the status of my case”, or “what's going on with my case”? These are legitimate questions, to be sure. Any represented person is entitled to reasonable updates, when new...

CAN I SUE MY EMPLOYER IF I AM HURT AT WORK?

I’d be safe in saying most people have a sense that when you sustain a personal injury at work you are entitled to collect workers’ compensation benefits. What is not a commonly understood it that an injured worker is typically not...
Schedule a Complimentary Case Evaluation and Strategy Meeting:
* Indicates required questions
Name *
First
Last
Email *
Phone # *
Case Type *
Describe Your Case *