How Is Negligence Determined?
Negligence in a Maryland personal injury case is determined by whether a person failed to act with reasonable care under the circumstances.
Main risk: if the insurance company can show you were even slightly at fault, contributory negligence may bar recovery entirely.
Insurance reality: insurers focus heavily on shifting partial blame to reduce or defeat claims.
Next step: evaluate duty, breach, causation, and any facts the insurer may use to argue shared fault.
Each of us, whether in the operation of a car, in our work activities, or in just simply going about the tasks of everyday life, owes each of our fellow citizens an obligation to conduct ourselves in a way that will not harm them, or created an unreasonable risk of harm for them.
The duty owed is one of reasonable care and prudence, but it is not fixed. The duty owed will vary depending on the attendant circumstances, as well as the level of skill, age and experience of the individual owing the duty. The law requires each of us to act reasonably under the circumstances, whatever those may be.
How insurers apply negligence analysis:
- If conduct is unclear → insurer argues no breach → liability weakens.
- If both parties made decisions → insurer argues shared fault → recovery risk increases.
- If evidence is incomplete → insurer disputes causation → claim value drops.
How fault plays out on major Baltimore roadways
Negligence issues in Baltimore neighborhoods
Maryland law defines negligence as the failure to use reasonable care under the circumstances, resulting in harm to another. In Baltimore personal injury litigation, negligence is established by showing that the defendant owed a duty, breached that duty, and caused damages.
Seems obvious, but, a driver weaving through traffic on the Jones Falls Expressway at 70 miles per hour when the posted limit is 50 is almost certainly breaching the duty of reasonable care. Excessive speed on congested Baltimore highways greatly increases the risk of collisions and injuries.
Again hitting the easy examples. Texting while approaching a crosswalk in a busy neighborhood like Fells Point is a classic form of negligence. Maryland statutes generally prohibit handheld device use while driving. Striking a pedestrian in these circumstances would be a foreseeable result of negligent conduct.
A business owner who neglects to clear dangerous conditions from the front steps of a restaurant during winter creates an unreasonable hazard. Maryland premises liability law requires landowners to maintain reasonably safe conditions for invitees.
| Element | Why It Matters | How Insurers Use It |
|---|---|---|
| Duty | Establishes legal responsibility | Insurer argues no duty was breached |
| Breach | Shows unreasonable conduct | Insurer disputes whether conduct was negligent |
| Causation | Links conduct to injury | Insurer claims injuries are unrelated |
| Contributory negligence | Any claimant fault can bar recovery | Insurer searches for any shared fault argument |
Why negligence disputes are common in Baltimore accident claims
In Baltimore, insurers frequently rely on traffic patterns to argue shared fault.
On corridors such as North Avenue and Pratt Street, congestion, lane changes, and signal timing often allow carriers to argue that both drivers contributed to the crash. That creates a contributory negligence defense even when one driver appears primarily responsible.
Negligence law does not make people insurers of others’ safety. If the actor used reasonable care under the circumstances, liability does not attach — even if someone was injured. Here are five illustrative examples. Every case is unique, and you should consult with a seasoned Baltimore accident attorney prior to making any decisions.
If a driver is traveling the posted 30 mph during light fog, and a deer suddenly, and inexplicably bolts across the lanes, a collision may be unavoidable. Unless the driver was otherwise careless, this is not typical negligence, and the driver may successfully argue it was an “emergency“.
If a patron in a Baltimore supermarket spills a soda seconds before another customer slips, the store likely had no reasonable opportunity to discover and fix the hazard. Maryland courts recognize that property owners are not liable for hazards they had no notice of- a classic argument raised by Insurance defense lawyers.
The word “solely is important. If a properly maintained car suffers a sudden, unforeseeable brake failure, the driver may not be negligent. Courts often distinguish between preventable maintenance failures (negligent) and mechanical defects that occur without warning despite reasonable care.
The violation of a statue [e.g. cannot switch lanes until safe to do so] can constitute evidence of a breach, and, accordingly, of negligence. The argument here is that the wording of the statute constitutes the nature of the duty. If the injury victim is a member of the group intended to be protected by the statute, and the injury is of the type the statute was drafted to prevent, then a violation of that statute., i.e. a “breach” of the statutory requirement, that causes injury is evidence that negligence has occurred.
Negligence cases can be complex. I have handled hundreds over the years. I extend a complimentary case analysis and opinion about their legal case to those that consult with me.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
