After a collision, people often focus on the other driver’s mistake. That is understandable. In a Maryland negligence claim, the injured person’s conduct can also become a central issue, even when the other driver clearly did something wrong.
Maryland follows contributory negligence. In a claim governed by that rule, negligence by the injured person that proximately contributed to the injury can bar recovery. This makes a careful account of the collision especially valuable.
The rule is more demanding than a percentage reduction
Maryland’s highest court retained the doctrine in Coleman v. Soccer Association of Columbia. The case illustrates how a defendant’s negligence and a plaintiff’s contributory negligence can exist at the same time. A claimant should not assume that damages will simply be reduced by a small percentage.
The defense still requires proof. An insurer’s statement that you were partly responsible is a position to examine, not a court ruling. The applicable duties, causal connection, and any potentially available exceptions need analysis based on the actual facts.
Record observations while they are still clear
Write a private factual timeline as soon as practical. Separate what you saw from what you learned later. The direction of travel, lane positions, traffic controls, visibility, and sequence of impacts may matter more than a broad statement that the other person was driving recklessly.
- Preserve original photographs showing the wider scene as well as close damage.
- Record the names and contact information of independent witnesses.
- Keep the police report number and any exchange-of-information form.
- Identify nearby businesses, vehicles, or homes that may have recorded the collision.
- Save relevant dashcam files before the device overwrites them.
Do not enter traffic or place yourself at risk to gather evidence. When someone else takes photographs, ask for the original files, with their available date and time information.
Be careful with estimates
Speed, distance, and elapsed time are easy to misjudge after a frightening event. If you do not know how fast another car was moving, avoid supplying a precise number just to complete an account. Describe the observation you can support. The same care applies to statements about whether you could have stopped sooner.
A short video clip may omit the seconds that explain the event. Preserve the full recording. Keep unfavorable material as well as favorable material and discuss it candidly with counsel. Deleting evidence can create a separate problem.
Investigate injury and insurance issues at the same time
Fault is only one part of a personal injury claim. Medical documentation, the connection between the collision and the claimed injuries, lost income, and available coverage also need attention. A police report or a traffic citation does not, by itself, answer all of those questions.
Maryland’s general civil limitations statute provides a three-year period from accrual unless another provision applies. Courts and Judicial Proceedings § 5-101 is a starting point, not a universal deadline for every injury matter. Government claims and other situations can involve different rules or earlier notice requirements. Insurance discussions do not automatically stop a filing deadline.
For help evaluating a Maryland collision, review the firm’s personal injury practice or request a consultation. A useful first meeting starts with the collision date, available photographs, insurance correspondence, and an accurate account of what happened.
General legal information, not advice for a particular matter. Reviewed September 16, 2026. Featured image: AI-generated editorial illustration.