Maryland recognizes pure contributory negligence. This means that if you’re found to be partially at fault for the accident in question, then you’ll likely be denied any compensatory recovery. This can make it difficult to win a car accident personal injury case, but it shouldn’t deter you from seeking the accountability, closure and financial resources you deserve. In fact, there are several legal strategies that can be implemented to protect the viability of your claim and increase your chances of winning your case.
What to do if you suspect that you’re partially to blame for your accident?
Before taking formal legal action against the other party involved in your wreck, you need to fully analyze the circumstances. If, when doing so, you feel like there’s an argument to be made that you contributed to the accident, then you need to start thinking about ways to address the issue during settlement negotiations and at trial. Here are some tips that might prove useful in your case:
- Be honest about the facts: When analyzing your crash, it’s easy to think of it in a light that portrays the other side as the bad guy and that minimizes or justifies your own actions. You need to resist this urge, though, as it can leave you susceptible to legal arguments that you’re unprepared to address. So, as you think about the events leading up to your accident, be honest and be realistic about what you did and didn’t do that the defendant may be able to attack at trial.
- Consider whether the defendant still could’ve avoided the wreck despite your negligence: Under Maryland law, you can still win a personal injury case even if you’re contributorily negligent if you can show that, after your negligent act, the defendant still had the opportunity to avoid the accident but failed to do so. Here, you’ll likely need to demonstrate that the defendant recognized your negligent act and had plenty of time to take corrective action but failed to do so.
- Use expert testimony: Even if you think the facts of your case are straightforward, they can be open to interpretation. You want the jury in your case to side with your theory of the case, which may be more likely if you have an expert who can back up your claim. An accident reconstruction expert, for example, can help the jury understand how the accident occurred and who is to blame for it. Just be prepared to counter the defense’s expert witness if they intend to call their own.
- Address witness credibility: The defendant and their witnesses might have powerful testimony against you, but the jury might take what they say with a grain of salt if you can show that they’re unreliable. You might be able to attack the credibility of witness testimony by highlighting inconsistencies in their statements or by showing that they’re motivated to testify against you.
Don’t be discouraged by Maryland’s contributory negligence law
Even though it can feel like an uphill battle when you’re facing contributory negligence allegations, you shouldn’t be so discouraged that you give up on your claim. After all, this is the only shot you have at securing the financial resources needed to obtain stability and advance your medical care and rehabilitation. So, if you suspect that contributory negligence is going to come into play in your case, then now is the time to start thinking through how to counter it. By being thorough and aggressively applying the law, you might still be able to secure the outcome that you want.
