In cases where more than one party is at fault, some plaintiffs may be barred from recovery altogether. The laws concerning the effect of the plaintiff’s negligence vary depending on the jurisdiction. The law that applies in Maryland truck accident cases is the doctrine of contributory negligence, which is a particularly harsh law for Maryland personal injury plaintiffs.
Contributory negligence comes from the common law, and has been the law in Maryland since 1847. Under the doctrine of contributory negligence, if the plaintiff is found even partially at fault for the damages, the plaintiff is barred from recovery. Many have criticized the doctrine of contributory negligence, as it leads to harsh consequences and what many consider unfair results. Few states still follow the contributory negligence doctrine.
The General Assembly of Maryland has so far rejected the adoption of comparative negligence, which could replace the contributory negligence doctrine. Under the general comparative fault doctrine, or “pure comparative negligence,” the fault of both the plaintiff and the defendant are considered, but comparative fault only reduces the award by the plaintiff’s percentage of fault. Under pure comparative negligence, a plaintiff can recover even if the plaintiff is found mostly at fault. Under some comparative fault doctrines, a plaintiff can recover as long as the plaintiff is found 50% or less at fault. This is generally referred to as “modified comparative negligence.”
Because of the unforgiving doctrine in Maryland injury cases, defendants may be quick to lay the blame on plaintiffs in personal injury lawsuits. For that reason, plaintiffs have to work hard to defend their lack of fault in addition to proving the defendant’s fault. Everyone still has a general duty to exercise reasonable care for one’s own safety under the circumstances.
Four Hospitalized After Ambulance and Semi Truck Crash
Four people were hospitalized after an ambulance crashed with a semi-tractor trailer, as reported by one news source. According to the police, the ambulance was transferring a patient from one hospital to another. Reportedly, the semi-truck was making a left turn when the crash took place. Both vehicles were traveling southbound, and the ambulance had apparently been attempting to pass the semi-truck. The ambulance driver tried to avoid the collision, but hit the back of the semi truck’s trailer. The ambulance driver and two other medics were hospitalized, along with the patient on board at the time. The crash remains under investigation.
Have You Been Injured in a Truck Accident?
If you have been injured in a Maryland truck accident or in another type of car accident, contact a Maryland truck accident lawyer. The attorneys at the law firm of Lebowitz & Mzhen represent individuals who have been injured in accidents due to the negligence of another person or entity. Our attorneys have decades of collective experience representing individuals in injury cases in Maryland, Washington, D.C. and Virginia. Our office understands the complex issues that arise in personal injury cases and takes pride in advocating for the rights of victims. To set up a free consultation, call 1-800-654-1949 or contact us online.