Defendant's Attorney: William Charles Wagner

Description: Erie, Pennsylvania personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory claiming injuries and/or damages in excess of $75,000.00.

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Maryland Auto Negligence Law: Key Points

Maryland auto negligence law follows a contributory negligence system, meaning that any negligence on the part of the injured party completely bars them from recovering any damages. Understanding this crucial concept is vital for anyone involved in an auto accident in Maryland.

Key Elements of Negligence:

Duty of Care: Every driver has a legal duty to act with reasonable care towards other drivers, passengers, and pedestrians. This includes obeying traffic laws, maintaining a safe speed, and being alert and avoiding distractions.
Breach of Duty: A driver breaches their duty of care when they behave in a negligent manner, such as:
Speeding
Distracted driving
Driving under the influence
Ignoring traffic signals or signs
Following too closely
Reckless driving
Causation: The driver's breach of duty must have directly caused the accident and resulting injuries. There must be a clear link between the negligence and the harm suffered.
Damages: If negligence and causation are proven, the injured party could recover damages for:
Medical expenses
Lost wages or income
Pain and suffering
Emotional distress
Property damage

Contributory Negligence:

However, in Maryland, even if the other driver was the primary cause of the accident, any negligence on the part of the injured party, no matter how slight, will completely bar them from recovering any damages. This means that if you are found to be even 1% at fault for the accident, you cannot recover any compensation.

Exceptions and Complexities:

Last Clear Chance: There is a limited exception known as "last clear chance," which may allow the injured party to recover damages even if they were contributorily negligent. This applies if the defendant had the last clear chance to avoid the accident but failed to do so.
Joint and Several Liability: If there are multiple negligent parties involved, they may be held jointly and severally liable for the damages. This means that any one of them can be held responsible for the entire amount of the damages, regardless of their individual contribution to the accident.

Navigating Maryland Auto Negligence Law:

Seek Legal Counsel: Due to the complexities of Maryland's contributory negligence system, it is highly advisable to consult with an experienced attorney specializing in personal injury law if you have been involved in an auto accident. They can assess your case, determine the potential for recovery, and guide you through the legal process.
Understand the Evidence: The burden of proof is on the injured party to prove the other driver's negligence and causation. This can be challenging, so gathering evidence like witness statements, police reports, and accident scene photos is crucial.
Consider Alternative Options: While recovering damages through a lawsuit may be difficult under Maryland's contributory negligence law, exploring options like filing a claim with your own insurance company or negotiating a settlement with the other driver's insurance company may be possible.

Remember: Maryland's auto negligence law is complex and unforgiving. Seeking professional legal advice and understanding the intricacies of contributory negligence are crucial for protecting your rights after an accident.

Additional Resources:

Maryland Courts: https://www.mdcourts.gov/: https://www.mdcourts.gov/
Maryland Attorney General: https://www.marylandattorneygeneral.gov/: https://www.marylandattorneygeneral.gov/
Maryland Bar Association: https://www.msba.org/: https://www.msba.org/

Please let me know if you have any further questions about Maryland auto negligence law, or if you'd like me to clarify any specific aspects of this information."

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Outcome: 12/20/2023 26 TEXT ORDER: The Court has been notified that an agreement has been reached to conclude this action. In light of this agreement, the Clerk of Court is directed to mark this case ADMINISTRATIVELY CLOSED as of today's date. Any and all deadlines previously imposed are hereby suspended. Nothing contained in this Order shall be considered a dismissal or disposition of this matter and the Court will retain jurisdiction should further proceedings become necessary. Counsel are hereby ordered to file a joint Stipulation of Dismissal on or before January 19, 2024. Should said Stipulation not be filed by that date, Counsel for the Plaintiff is to file a written status report updating the Court on the progress made toward effectuating the settlement. Signed by Judge Susan Paradise Baxter on 12/20/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (snc) (Entered: 12/20/2023)
12/20/2023 27 STIPULATION of Dismissal by MATTHEW MARBURGER. (Attachments: # 1 Proposed Order) (Purchase, Eric) (Entered: 12/20/2023)

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