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

What is an Example of Contributory Negligence? Does It Mean I Lose My Case?  - Attorney Blog Baltimore MD - Criminal Defense, Personal Injury Lawyer - Eric T. Kirk - baltimore_accident_attorney_iiSeasoned 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. 

 

IF I DON'T GO TO THE DOCTOR DO I HAVE A CASE?

“I was in a car accident. Do I have a case if I did not go to a doctor” ? As a personal injury and accident attorney, this is a question that I see with surprising frequency. I’ve represented the victims of negligence and injured...

HOW MUCH WILL I GET FOR MY PERSONAL INJURY OR AUTO ACCIDENT CASE?

In other chapters in these guides, I've explored in a lot of detail the various factors that go into determining a fair range of value for the typical personal injury or motor vehicle accident case in Maryland. One of the most difficult, yet one...

HOW IS FAULT DETERMINED IN A MARYLAND CAR ACCIDENT CASE?

Police officers, claims adjuster, attorneys, judges and jurors all give their conclusions on who caused an accident. Obviously, the conclusions offered by judge or a jury are going to be conclusive, absent an appeal. But what set of rules guides...

The Top Five Things To Expect In A Personal Injury Case.

Whether you are dealing with a motor vehicle accident, a slip or trip and fall claim, or some other negligence based case, in any personal injury claim, obviously, there's going to be an accident, or an injury, or both. The injured person will...

What is an Alford Plea under Maryland Law?

Almost 50 years ago the US Supreme Court recognized that if certain criteria were met, a sentencing judge could accept a plea – in effect a de facto plea of guilty- from an individual who maintained they were, in fact, innocent. Alford plead...

WHAT IS CONSIDERED PERJURY UNDER MARYLAND LAW?

Maryland criminal law makes it a crime to knowingly and falsely make an affirmation of material fact under oath, or in affidavit authorized by law. The falsity must be given knowingly, and not be the product of surprise or confusion. Moreover, the...