Hampstead, MD Car Accident Lawyer

Most drivers know that they could be in an accident every time they get on the road. While we can usually avoid negligent drivers, sometimes, it cannot be helped.

When another driver injures you, our lawyers can help you file your claim and get your case started immediately. The sooner you file your lawsuit, the better. Defendants in car accident claims will typically blame you for partially causing the accident since they will not have to pay you a penny if they can show that you contributed to your accident. However, our team will gather evidence during our investigation and in the defendant’s possession to fight claims of contributory negligence. Even if you do believe you were somewhat responsible, we can argue that you should still be compensated if the defendant had a chance to avoid the accident after you acted negligently.

For a free case review with our car accident attorneys, call Rice, Murtha & Psoras at (410) 694-7291.

How Fault is Assessed in Hampstead, MD Car Accident Lawsuits

Proving fault is integral in any injury claim but is especially important in Hampstead car accident lawsuits. When you claim another driver injured you, they will likely accuse you of having contributed to the accident. In Hampstead, the defense of “contributory negligence” could seriously impact the compensation you recover. Unlike other states, this can be a total defense to liability for a car accident. Fortunately, our skilled car accident lawyers can help you fight baseless claims that you were also negligent during the collision. We could also determine if the defendant had the last chance to avoid the accident even if you did act negligently.

Contributory Negligence

Maryland courts, unfortunately, still use the outdated and defendant-friendly rule of contributory negligence to determine fault between drivers in a car accident claim. Under this all-or-nothing rule, car accident victims cannot recover any compensation if they contributed at all to their injuries, no matter how small their contribution was. Even being assessed 1% of the fault for an accident will bar you from getting a single dollar in damages. It does not matter if the other driver was drunk or driving recklessly.

This stands in stark contrast to the modern “comparative negligence” standard used by most states today. Under a modified comparative negligence model, victims of car accidents can usually recover compensation as long as they are not more negligent than the other driver, but their compensation will be reduced by their percentage of fault. If the state uses a “pure” comparative rule, each party in a lawsuit will be assigned a percentage of fault and awarded compensation accordingly. This means a negligent plaintiff could still recover 1% of their damages if they were 99% responsible for the accident.

While it is possible that the rule might change in the future, the harsher contributory negligence standard is still the law of the land in Maryland. In 2013, the Court in Coleman v. Soccer Association of Columbia agreed that the rule was antiquated but specifically stated that it was one of “public policy” and, thus, needed to be changed by the state legislature, not the courts. As of August 2024, legislative efforts to change the law have since died in the chamber, so there is no telling how long this rule will unfairly impact injury victims.

The Last Clear Chance Doctrine

However, all hope is not lost if you did, in fact, contribute to your accident in some way. The “last clear chance” doctrine is an exception to charges of contributory negligence and the only lifeline given to plaintiffs in this situation.

A number of things need to be shown to prove the defendant legally had the last chance to avoid the collision. You will first need to prove that the defendant was, in fact, negligent. After they prove that you were also negligent, you can offer evidence showing something new or sequential that gave the defendant a renewed chance to avoid the accident, which they failed to take advantage of. Wooldridge v. Price.

Essentially, both parties are negligent at the same time, but the defendant has a fresh opportunity to avoid the accident. However, proving that the defendant had the last opportunity to avoid the danger can be extremely challenging and highly fact-specific, especially if the incident is one continuous event. We typically need to prove that the other driver is aware of the impending danger and is in a position where they can avoid the crash. Carter v. Senate Masonry, Inc.

For example, perhaps a pedestrian is crossing the street while looking at their phone. A driver makes an illegal turn against a red light, entering the crosswalk where the pedestrian is walking. At this point, both parties are negligent. However, if we can prove that the driver saw the pedestrian before hitting them and the evidence shows even a brief opportunity to avoid the crash, contributory negligence should not block compensation from being awarded.

Proving a Car Accident Lawsuit in Hampstead, MD

The best way to fight claims of contributory negligence is to have as much evidence as possible. If it seems likely that you will be partially blamed for the collision, having more evidence will make it possible to argue the last clear chance exception discussed above.

To start, you should call the police to investigate your accident scene. Not only will this show that you have nothing to hide, but the police will also make a report of the crash. The report will include details about the other driver and witnesses, but most importantly, it will contain the investigating officer’s observations of the scene and defendant. By giving a detailed account of your accident to the police, you will leave less room for the other driver to fill in the gaps with their own narrative.

If you have the chance, speak with witnesses on the scene and get their contact information. Witnesses are often one of the best ways to fight claims you were somewhat at fault. They can give details about the accident that you might not have. If we are trying to argue the defendant had the last chance to avoid the accident, witness testimony might provide the information we need to prove this.

Even if no witnesses saw your accident, you can still gather a great deal of evidence by taking pictures with your phone. Be sure to take pictures of the damage done to both vehicles, where they came to a final rest and the location of the crash. You cannot take too many photos since you do not know exactly which details will be critical to settling your claim later.

Our Hampstead, MD Car Accident Lawyers Are Ready to Fight for You

Contact Rice, Murtha & Psoras by calling (410) 694-7291 to receive your free case assessment with our car accident lawyers.