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. 

 

Is My Car Accident Captured on Film By A Surveillance Camera?

The factual details surrounding a car accident are obviously important. The sequence of events, the timing, the “how” and “why” of the occurrence determines who is responsible for the accident. In Maryland, causation looms...

Personal Injury Claims

Personal injury claims can be thought of as falling into three broad categories. Perhaps the most common are those resulting from negligence. An example would be the careless operation of a car leading to an accident causing injury. Claims may also arise from intentional misconduct like an assault causing injury. A narrow class of claims -called strict liability actions- arise even where the is no wrongful conduct.

What is Mediation in a Personal Injury Case?

Mediation is a process that allows parties in a personal injury lawsuit to resolve the case short of going to trial. Many states have gone to a mandatory mediation process in every case. Maryland courts refer the parties to mediation as a matter of...

What is Involved in Litigation?

Litigation is quite simply going to court. When attempts at reaching an amicable settlement of a case have failed, the filing of a lawsuit is the next step in the process. Statistics show us that most cases settle prior to the filing of a lawsuit....

What are some common injuries from a car accident?

  I represented hundreds of people over the years who have suffered with these typical accident related injuries.  Whiplash Cervical and Lumbar Strains and Sprains Pinched Nerve or Herniated Disc Concussion

What Kind of Lawyer Should I Hire?

When it comes to the decision on “what type of attorney to hire”, I would simply suggest that the analysis used is the same as that used when hiring any other type of professional. The bottom line is that you are going...

Should I Hire a Lawyer for a Personal Injury Case?

Some states require advisory language to appear in lawyer advertisements that reads “the hiring of a lawyer is an important decision”. Nothing could be closer to the truth. Hiring the right attorney is perhaps the most...

How long will my personal injury case take?

It’s the third most frequent question in my business. Like the other two: “Do I have a case”, and “How much is my case worth”, the answer depends on any number of variables. Even though the answer is going to vary from...

Uninsured Motorist Insurance Coverage

What is uninsured motorist coverage? Uninsured Motorist coverage is considered “first party” insurance. Like health, or perhaps disability insurance, it is your insurance. You pay the premiums You have a policy with your insurance...

When Can the Police Search Me or My Car

There are limits on what they police can and cannot do. The Constitution, and, in this instance, the Fourth Amendment, provides an important buffer of protection between citizens, and the power of the State. We are all guaranteed the right to be...

How much is an average personal injury settlement?

Every personal injury clients asks, understandably, “what is the value of my case?” The second question, invariably, and appropriately, is “what do I get in my pocket?” The first question, frankly, is a difficult question to...
Schedule a Complimentary Case Evaluation and Strategy Meeting:
* Indicates required questions
Name *
First
Last
Email *
Phone # *
Case Type *
Describe Your Case *