In some cases, negligence on the part of both drivers may contribute to a collision that causes injuries. In Dailey v. Mackey (Md. Ct. App. May 3, 2016), the Court of Special Appeals of Maryland reviewed a negligence claim arising out of an automobile accident. After a jury found both the plaintiff and the defendant negligent, Maryland’s contributory negligence rule barred all recovery. The plaintiff filed an appeal to the higher court, which considered the case.
In Dailey, the defendant rear-ended the plaintiff’s disabled vehicle after it shut down on the interstate. Although the plaintiff attempted to move his vehicle off the road, it did not have enough momentum to reach the shoulder, and the defendant struck his car from behind. The parties disputed whether the defendant’s vehicle still had its lights on after the engine lost power, and whether the defendant had activated the hazard lights. The plaintiff sued the defendant, and the defendant counterclaimed, each contending that the other was negligent. After a trial on liability, the jury determined that both parties were negligent. On appeal, the plaintiff argued that the defendant did not present sufficient evidence of the plaintiff’s negligence to permit sending the question of contributory negligence to the jury.
Negligence is defined as failing to act as an ordinarily prudent person would under the circumstances. A claim based on negligence requires proof of certain elements: the defendant owed a duty to the plaintiff to exercise reasonable care, the defendant breached that duty, and the defendant’s breach was the actual and proximate cause of the damages suffered by the plaintiff. In Maryland, a plaintiff cannot recover compensation even from a negligent defendant if the plaintiff was also negligent, although there are some exceptions. In the case of a sudden emergency, such as the one that befell the plaintiff when his car lost power, the driver must still exercise ordinary care.