Generally, a car accident victim may seek compensation from the negligent driver for injuries. In Maryland, however, a person may be barred from recovering damages if their own negligence contributed to the accident. In a July 29, 2021 case, the Court of Special Appeals considered whether a defendant could assert the defenses of contributory negligence or assumption of the risk to bar recovery in two successive automobile collisions.
The plaintiff in the case was driving in the left lane of the highway when the defendant, who was in the middle lane, attempted to enter the left lane. The defendant did not see the plaintiff’s vehicle, however, and collided with the side of it. The plaintiff stopped on the left shoulder of the highway, with part of his vehicle remaining on the road. The defendant pulled over immediately behind him. As they exchanged information, a third car traveling in the left lane stopped abruptly in order to avoid striking their vehicles. A fourth vehicle rear-ended the third car, causing it to strike the defendant, who was outside her vehicle.
The plaintiff sued the defendant and the driver of the fourth vehicle, and the defendant asserted counterclaims. Neither party disputed that the plaintiff was solely negligent in causing the first accident. With respect to the second accident, a jury found both the plaintiff and defendant negligent. Based on that verdict, the circuit court ruled that the plaintiff was barred from recovering damages for the first accident, due to his contributory negligence in causing the second accident.