Founding Partner
You’re shaken, your hands are trembling, and the other driver is walking toward you asking what happened. Before you can think, the words slip out: “I’m so sorry. I didn’t see you.” In most states, that moment of shock wouldn’t matter much. But in Maryland, those five words could cost you everything.
Maryland is one of five jurisdictions (four states plus Washington D.C.) following a pure contributory negligence rule. If you are found even 1% responsible for the accident, you cannot recover any damages from the other driver. A Maryland car accident attorney can protect your rights and prevent insurance companies from using your words against you.
How Contributory Negligence Affects Your Claim
Maryland’s contributory negligence rule is harsh by design. Unlike most states that allow injured people to recover reduced damages even if they share some fault, Maryland bars recovery entirely if you contributed to the accident in any way.
Insurance companies know this rule and actively seek evidence that you share fault. Even seemingly minor admissions can be used to argue that you bear some responsibility, eliminating your right to compensation for medical bills, lost wages, pain and suffering, and all other damages.
What Counts as Admitting Fault
Admissions of fault take many forms beyond explicitly saying the accident was your fault. Apologies like “I’m sorry” can be interpreted as accepting blame. Statements such as “I didn’t see you” suggest you failed to keep a proper lookout.
Even expressions of concern like “Are you okay? I feel terrible” can be twisted into admissions. Insurance adjusters are trained to extract these statements and use them against you. Recorded calls and written statements particularly pose risks.
What to Say at the Accident Scene
After ensuring safety and calling 911, keep your statements limited to basic facts. Exchange insurance and contact information with the other driver. When speaking with police, describe what happened factually without speculating about fault or offering opinions.
You can express concern for others without apologizing. Instead of “I’m sorry,” ask “Is everyone okay?” Report the facts: “I was traveling east on Route 50 when the collision occurred.” Avoid discussing what you could have done differently or what you should have noticed.
How Insurance Companies Use Your Words
Insurance adjusters contact accident victims quickly, often within hours. They may seem friendly and sympathetic, but their goal is gathering evidence to deny or minimize your claim. Recorded statements can be edited and taken out of context.
Adjusters ask carefully crafted questions designed to elicit admissions. “You must not have expected them to run the red light” implies you could have avoided the accident. “Were you in a hurry?” suggests you were speeding or distracted. Anything you say can become evidence supporting contributory negligence.
Protecting Yourself After an Accident
Several steps protect your rights after a Maryland car accident. Do not apologize or accept blame. Do not give recorded statements to insurance companies before consulting an attorney. Let the police complete their investigation and issue their report.
Crash report records can be essential evidence in your case. Crash reports are typically obtained from the specific law enforcement agency that investigated the accident, with the Maryland State Police maintaining comprehensive statewide data through the ACRS system.
Document the accident thoroughly with photos of the scene, damage, and your injuries. Get contact information from witnesses. Seek medical attention promptly, both for your health and to create documentation of your injuries. An attorney can communicate with insurance companies on your behalf.
The Last Clear Chance Exception
Maryland recognizes one exception to contributory negligence. The last clear chance doctrine allows recovery if the defendant had the last opportunity to avoid the accident but failed to do so, even if the plaintiff was also negligent.
This doctrine requires showing that the defendant discovered or should have discovered your perilous situation and could have avoided the accident through reasonable care. Establishing this exception requires skilled legal analysis and compelling evidence.
Get Legal Help Immediately
Maryland’s contributory negligence rule makes early legal representation essential. McGowan & Cecil has fought for accident victims throughout the Baltimore-Washington area for decades, recovering millions in compensation. With over 120 years of combined experience, we know how to protect clients from contributory negligence defenses and fight for full compensation. Contact McGowan & Cecil for a free consultation. We offer service in Spanish.