Written by Award-Winning Lawyer Lawrence S. Lapidus
What is Contributory Negligence?
Receiving a fair and reasonable settlement for an accident can be a challenge. Some people believe that if they sustain injuries or property damages because of the negligence of another individual or company, they’ll quickly and easily get their expenses covered. Unfortunately, this is not always the case, especially if you live in a state where contributory negligence is alive and well.
Insurance company adjusters of the at-fault driver will use every tactic they can to avoid a lawsuit. This pushback often means claiming contributory negligence, a legal rule that would reduce or eliminate the possibility of a settlement.
How Does Contributory Negligence Work?
Contributory negligence is a very harsh legal rule that has been abolished in almost all states. However, it is still in place throughout the D.C. Metro Region. This rule means that even if you, as the plaintiff, are as little as 1% responsible for the accident, you will not receive a settlement for the damages and/or injuries, or may receive a smaller settlement, and the case will be lost in court.
However, there was a major change in 2016 that made for a big win for pedestrians and cyclists in the District. It was just over 9 years ago when D.C. Mayor Muriel Bowser signed the bill that changed everything. NBC4 explains, “The Motor Vehicle Collision Recovery Act of 2016 now enables pedestrians and cyclists to sue motorists for medical bills and property damage if they are found to be up to 50 percent at fault for the collision. Previously, D.C. cyclists were unable to sue drivers if they were deemed to be at all responsible for a collision.”
Contributory negligence still exists in Maryland so, for example, if a speeding driver injures a pedestrian who is crossing a street outside of a marked crosswalk, the pedestrian will likely not be able to either settle the claim or recover damages in court because crossing a roadway is considered to be “contributorily negligent.”
Similarly, in Fall & Injury cases, if the victim could have easily seen a defect or obstruction, that case may never be settled or win in court. There are ways to defeat this harsh rule, but only an experienced attorney who is willing to fight for their client will be able to avoid almost certain defeat.
Examples of Contributory Negligence
- Crossing the street outside of a designated crosswalk
A pedestrian who crosses mid-block or against the signal may be partially responsible if injured, even if a driver was also negligent. - Ignoring traffic signals or failing to yield the right-of-way
Drivers who run red lights, roll through stop signs, or don’t yield as required may share fault if an accident occurs. - Failing to anticipate and avoid an obvious danger
A person who walks through a clearly marked hazardous area or ignores visible warnings (e.g., wet floor signs) may be considered partly negligent. - Driving with an obstructed windshield (e.g., snow, ice, or condensation)
Operating a vehicle without a clear line of sight can contribute to collisions, even if another driver shares fault. - Cycling or walking at night without reflective gear or lights
If a pedestrian or cyclist is hit by a car but wasn’t visible due to dark clothing or lack of lights, they may bear partial responsibility. - Texting or using a phone while walking or driving
Distraction from mobile devices can contribute to accidents, even if the other party also acted negligently. - Ignoring medical advice or delaying treatment after an accident
If someone’s injuries worsen because they didn’t follow a doctor’s instructions or seek care promptly, that can reduce their claim. - Riding as a passenger in a car with a known intoxicated driver
Choosing to enter a vehicle with someone who is clearly impaired can be seen as negligent behavior that contributes to any resulting harm.
It is important to note: many other circumstances can involve contributory negligence not listed above.
How Your Attorney Can Fight Contributory Negligence
If the facts show that a vehicle had a “Last Clear Chance” to avoid an accident, contributory negligence can be negated. But there must be eyewitnesses and other corroborating evidence to establish that such an opportunity was present and ignored by the at-fault driver. In Fall & injury cases, if the cause of the fall was hidden and was such that a reasonably prudent person could not have observed it in sufficient time to avoid the defect, a claim of contributory negligence can be avoided.
Maryland & DC Personal Injury Lawyer
The attorneys at The Lapidus Law Firm have one goal: to obtain a fair and reasonable settlement for all damages, including lost wages, future wages, medical expenses, pain and suffering, and much more. We’re experienced, patient, and willing to work as long and hard as needed to help you. Give us a call at (202) 785-5111. We will fight to make it right.