Maryland’s contributory negligence rule changes everything

Maryland follows a pure contributory negligence standard. Under this rule, you may lose your right to any compensation if an adjuster establishes even 1% fault on your part. 

Adjusters know this. They may ask questions designed to draw out comments about your speed, your awareness or your reaction time. Adjusters can use phrases like “I didn’t see the car” or “I was in a hurry” to assign partial blame. 

What you should never say or sign

The other driver’s insurance company cannot require you to give a recorded statement. Avoid these common mistakes before speaking with an attorney:

• Downplaying injuries: Saying “I’m fine” can undercut a later claim for pain and suffering.
• Accepting quick settlements: Early offers rarely account for future treatment or lost wages.
• Signing broad medical releases: These forms may expose your full medical history, not just records tied to the accident.
• Speculating about fault: Guessing out loud can lock in assumptions that hurt your case.

Adjusters may record casual remarks and use them during negotiations.

Know your statute of limitations

Maryland law sets a strict deadline for filing a personal injury lawsuit. Under Maryland Code, Courts and Judicial Proceedings § 5-101, you have three years from the date your injury occurs to file. If adjuster negotiations run past that deadline without a lawsuit on file, your claim may be permanently barred. 

You should also ask about Personal Injury Protection (PIP) coverage, which Maryland insurers are required to offer and which covers medical bills regardless of fault.

Talk to an attorney before the adjuster calls again

The steps you take in the first days after an accident can affect your entire claim. An attorney can help you understand your options before you say something that limits your recovery. For guidance on your personal injury claim, speaking with a lawyer may clarify how Maryland’s strict rules apply to your situation.

For example, did you know there are specific laws about having open containers of alcohol while driving? These laws are called open container laws, and they keep people safe.

What are open container laws?

These laws are, simply put, laws that make it illegal to have open containers of alcohol in the passenger areas of a vehicle while it is being driven or parked on a public road. The laws include any open bottle, cans or container of alcohol.

In Maryland, it is illegal for the driver or any passenger to possess an open container of alcohol in the passenger areas of a vehicle while the vehicle is in motion. These laws apply to having any alcoholic drink or empty container of alcohol in the passenger areas of the vehicle.

Passenger areas

It is important to understand what “passenger areas” means because the laws specifically target these areas.

Passenger areas are any part of the vehicle where people sit or ride. It also includes the glove compartment and the center console.

Exceptions

But what about exceptions? There are certain types of situations when you might see people drinking inside a vehicle where it is legal to do so.

For example, passengers in limousines, taxis or buses are allowed to have an open container of alcohol. In addition, passengers in the living area of a mobile home or trailer are exempt from these laws. Note that drivers may never drink and drive.

Consequences

If law enforcement catches you violating Maryland’s laws in this way, you are subject to fines and penalties. Depending on the specific circumstances, the fines can be as high as $500 for a first-time offense.

Whether or not it is your first offense, it is critical to have an attorney who can represent you and advocate for you because of how the state charges and possibly convicts you, which could have lifelong consequences in many areas of your life.

However, the offense goes on the individual’s driving record, and it could lead to increased insurance rates or the suspension of their driver’s license.

In summary, it is important to understand and follow Maryland’s Open Container Laws to stay safe and keep others safe on the road.

Remember that it is not only you that you are protecting by following the law. It is everyone else in your vehicle, as well as other drivers, that you could hit if you are driving drunk.

The consequences of distracted driving

There is a high incidence of injuries in distracted driving car accidents. Nearly four out of every five of the greater than 50,000 annual distracted driving car accidents resulted in injury. On average, approximately 27,000 victims are injured or killed because of distracted driving each year.

Because of the dangers of distracted driving, using handheld cell phones while driving is prohibited. In addition, texting while driving is prohibited as well. Distracted drivers can face fines and may also face civil liability to victims of distracted driving accidents. Drivers should take steps to avoid distracted driving. Drivers should pull over to the side of the road if they are drowsy, only use a cell phone when driving in emergency situations, avoid excessive conversations with passengers while driving and refrain from attempting to multi task while driving or eating while driving.

When a distracted driving has injured or otherwise harmed a car accident victim, a personal injury claim for damages could help the victim recover compensation for their physical, financial and emotional damages. Legal protections can be vital for a car accident victim injured by a distracted driver.

Diet: Facilities must supply residents with at least three daily meals. Food of an adequate nutritional value must be supplied to residents and be in accordance with the orders of a physician. Facilities must also have a registered dietician supervising dietary services. If they do not have one on staff, then their dietic supervisor must have regular consultations with a licensed dietitian.

Safety: Your loved one’s nursing home should have emergency disaster plans in place, including adequate shelters on the premises. They must also keep all potential tripping or slipping hazards from cluttering hallways and residents must have direct access to an exit.

Nursing Personnel: There must be a nurse on duty for a full 24 hours in your loved one’s facility. Nurses must ensure all residents receive prescribed medications, treatments and necessary care as needed. Policies must be in place to ensure nursing personnel is aware of your loved one’s special meals and dietary needs. Furthermore, nurses bear the responsibility to report when care may be considered questionable—such as cases of neglect or abuse.

Physician care: Facility physicians must see residents as frequently as needed per the resident’s current condition. Physicians must also review medical histories, discuss the resident’s condition with staff as needed and note the resident’s health progress in a timely manner.

Other requirements include those related to resident hygiene, facility cleanliness and adequate numbers of non-nurses on staff. If you have not yet found a long-term care facility suitable for your loved one, consider using a checklist.