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. 

 

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