Some vehicle crashes appear to be solely one driver’s fault (such as a drunk driver crossing into oncoming traffic and hitting another car head on). However, in most crashes, a case can potentially be made that the other driver (or multiple drivers) had some amount of fault.
Even if it may seem like another driver was solely to blame for a collision, you can bet that their insurance company will look for anything you may have been doing wrong at the time to lessen their accountability. This could be something minor like going a few miles over the posted speed limit.
States follow various types of compensation “rules” when it comes to determining how the amount of fault assigned to each driver based on the evidence available determines compensation for economic as well as non-economic losses and damages. Some are pretty straightforward and lower the amount of the damages the party who is most at-fault has to pay by the percentage of the other party’s fault.
Any amount of fault is relevant
Maryland follows a stricter “contributory negligence” rule. That means if you’re determined to be even 1% to blame for a crash, you aren’t entitled to receive any compensation from the other driver. This rule is fairly rare, but it should be noted that both neighboring Washington, D.C. and Virginia also follow it.
Because the contributory negligence rule is so strict, it’s wise to seek legal guidance if another driver caused your crash. This can help you review your options and potentially help you get some compensation for your medical expenses and other losses and damages.