Rear-End Collisions in Maryland

March 4th, 2015
Posted By
David L. Ruben

In the case of a rear end collision, liability is presumed when a moving car hits a stopped car from behind. Rear-end collision claims are generally based on negligence. In Maryland, the driver who hits the stopped car from behind is presumed to be negligent and careless. The driver who is liable for the collision must pay the damages resulting from the accident.

There are exceptions to the rear-end collision liability rule. Maryland is one of a few states with a contributory negligence rule. Contributory negligence is a defense to a negligence claim. If a driver who rear-ends another car can prove the other driver was also negligent, then he is not responsible for the accident. If a driver can prove that the other driver is even 1% responsible for the accident they are considered “contributory negligent” and there can be no damages claims.

There are various situations when a driver can be considered contributorily negligent including:

  • abruptly changing lanes and cutting someone off
  • intentionally slamming on the brakes as a result of road rage
  • backing up into the front of another car
  • refraining to give notice or employ flashers when his or her vehicle is disabled

If a driver does any of these things then he or she is contributorily negligent and cannot bring a negligence claim in a rear-end collision.

We handle Maryland’s car accident cases on a daily basis and we’ve been doing it for more than 20 years. Call the Law Offices of David L. Ruben today for a free consult (410) 766-4044.

Categories: Auto Accident, Personal Injury

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