Comparative and Contributory Negligence: Pennsylvania vs. Maryland Laws
What happens if you are in an accident right on the PA-MD border? If you have been involved in a serious car accident on Route 15, one of the first things you might look for is which side of the Welcome to Maryland and Welcome to Pennsylvania signs you are on. For drivers along this busy corridor, you need to understand which state’s laws apply to your personal injury claim.
The law of the state where the accident occurred will govern the case and can dramatically impact the compensation you receive. If you are pursuing a personal injury claim, you need to understand the difference between comparative negligence vs. contributory negligence and how Pennsylvania vs. Maryland laws change how fault and damages will apply to your claim. If your accident occurred in Pennsylvania, learn how our car accident lawyers can help.
What’s the Difference: Comparative Negligence vs. Contributory Negligence?
It’s important to understand the difference between comparative negligence vs. contributory negligence, and which laws apply in your state. Generally, in states with a comparative negligence law, plaintiffs who are partially to blame for the accident that caused their injuries can still recover damages, but their award will be reduced according to their level of blame. In states with a contributory negligence law, on the other hand, plaintiffs who share part of the blame for their accident are prohibited from pursuing compensation. These laws vary from state to state.
For instance, if you are 10% at fault for your accident, a contributory negligence state would bar you from recovering any damages whatsoever. If your injuries are severe, this could make a significant impact on your future, causing you even more of a struggle during your recovery. In the same case, modified comparative negligence would allow you to recover damages, just reduced by your amount of fault (10%).
Pennsylvania car accidents are governed by the modified comparative negligence rule, also known as the 51% bar rule. Maryland crashes are governed by the strict contributory negligence rule, barring you from recovering any damages if you contributed at all to the accident. The location of your accident can significantly impact whether a case is winnable or a total loss.
Pennsylvania’s Modified Comparative Negligence (51% Bar Rule)
If your crash is on the Pennsylvania side of the border, Pennsylvania’s modified comparative negligence laws will apply to your case, even if one or both drivers reside in Maryland. As the injured party, you can recover damages as long as you are found 50% or less responsible for the crash. The reason that modified comparative negligence is often referred to as the 51% bar rule is that if you cross the 51% threshold, you will be barred from recovering any compensation.
As long as you are found less than 51% at-fault, you can recover compensation, adjusted by the percentage of fault you are found to hold. To fairly account for your part of the responsibility for the accident, your compensation will be reduced by the percentage of fault you share. Here are some examples:
If you are deemed 30% at fault in a $100,000 case, you can recover $70,000.
If you are judged to hold 10% of the fault in a $50,000 case, you can recover $45,000.
If you are deemed 51% at fault in a $500,000 case, you cannot recover any compensation through a personal injury claim, even if your injuries are severe.
In cases where fault is not obvious, it is especially important to have a strong lawyer. The other side will try to convince the court that you were more than 50% at fault to avoid paying damages. An experienced car accident lawyer can build strong evidence to prove who was truly responsible and protect your right to compensation. Don’t risk your recovery by handling your case alone.
Maryland’s Contributory Negligence Rule
If your accident occurred in Maryland, the rules regarding fault are very different. Maryland is one of only four remaining states in the U.S. that still use strict contributory negligence, meaning if you are found to be at fault at all, no matter how little, you are legally barred from recovering any compensation for your injuries. For example:
If you are even 1% at fault for your accident, you will not be granted any compensation for your injuries.
If you are deemed not at all responsible for your accident, you will be granted the full recovery amount.
No matter how little the percentage of fault is, Maryland’s laws will stop you from recovering damages if your actions at all contributed to the accident. This all-or-nothing system is a harsh law that does not care how much your recovery has cost you. Hiring a legal representative to help you with your case can help build support for your lack of fault in the accident, and show evidence of the other driver’s complete responsibility.
Exceptions to Maryland’s Strict Contributory Negligence Rule
There are a few exceptions that could allow a plaintiff to still recover damages in a Maryland personal injury claim when they share in some amount of fault. These exceptions include:
Last Clear Chance Doctrine: An exemption based on whether the plaintiff is able to prove that the defendant had a chance to avoid the accident, regardless of the plaintiff’s own negligence, but failed to do so. For example, a motorcyclist might recover damages even if they share fault because they were driving with a headlight out. They would need to prove that the defendant saw them, had the clear chance to safely slow down or steer clear, but, perhaps due to a distraction, failed to take action.
Cases of Extreme Negligence: If the defendant’s actions are considered so egregiously negligent as to be willful, wanton, or reckless conduct, this may be used as an exception to the contributory negligence rule.
Speak with a car accident lawyer to determine if these exceptions may be used in your case.
Real-World Insurance Implications
The difference between Pennsylvania vs Maryland car accident laws is most apparent when dealing with the question of fault. Insurance companies from out-of-state may not be familiar with the local court’s interpretation of these rules. They may try to apply their home state’s system, such as contributory negligence, to a Pennsylvania crash to make a lower offer. An experienced local attorney will shut this tactic down immediately and hold them accountable to the laws of the relevant jurisdiction.
State matters in your car accident case because your lawyer’s primary strategy and the adjuster’s strategy change completely depending on which side of the state line the crash occurred. In a Pennsylvania accident, the defense attorney and the insurance adjuster will focus their entire effort on raising your percentage of fault. Your legal representative will focus on reducing your percentage of fault through evidence showing the weight of the other driver’s negligence and minimizing your responsibility.
On the other side of the border, proving zero fault is critical to Maryland car accident cases. An adjuster or defense lawyer in a Maryland case will look for any piece of evidence, no matter how minor, that suggests you contributed to the crash. Something as little as defective vehicle lights or distractions could be enough to deny you compensation entirely. This gives them a huge incentive to prove even the slightest amount of negligence to avoid paying any part of your settlement.
Which State’s Law Applies to Your Accident?
The simple answer to this question is generally where the accident occurred. However, the question of what if my accident was near the PA-MD border becomes significantly more complex when dealing with high-speed or multi-impact crashes. In cases involving high speeds, multi-vehicle collisions, or a long path of travel after impact, the physical location of the cars when they come to rest may not be the final determinant. Some complicated situations include:
Conflicting Police Reports
A single crash report might list both states or be ambiguous. The police officer’s determination of the accident scene may be challenged by accident reconstruction experts, especially if the impact started in one state and the final resting position of the other vehicle was in another state.
Determining Where the Negligence Occurred
In most personal injury cases, courts must determine where the negligent action, referred to in legal terms as the tortious act, occurred. This confirms that the state where the collision physically occurred governs the negligence rules (Contributory vs. Comparative). Where the action that resulted in your injuries took place can be difficult, especially in high-speed wrecks along the border.
An aggressive defense attorney may try to argue for a different state’s law if the parties are from the same state, such as if two Maryland residents had a minor crash in Pennsylvania. They might attempt to push the case back under Maryland’s contributory negligence rule. An experienced Pennsylvania car accident lawyer anticipates this defense and is prepared to argue fiercely for the law that best protects your compensation under comparative negligence.
Jurisdictional Confusion
Some areas of the PA-MD border experience historical or geographic confusion regarding the actual location of the border, such as the Mason-Dixon Line near the Chesapeake Bay. In a crash at an unmarked rural intersection, for example, 10 feet could make the difference between receiving 80% of damages or $0.
Resolving this jurisdictional fight requires a lawyer who can hire a land surveyor to officially map the precise location of the accident relative to the legal boundary coordinates, not just the nearest state sign. A lawyer with a track record of handling cross-border car accident cases can provide the best chance at maximizing your recovery.
Understanding whether Pennsylvania vs Maryland car accident laws apply to your case is a vital part of building your strategy and maximizing the amount of compensation you are able to receive. For cases of severe injury and wrongful death, this can have a significant impact on the financial recovery for the injury victim or their family, dealing with the aftermath.
Initial Medical Coverage Differences Based on State
Beyond the rules regarding shared fault and negligence, there is a fundamental difference in how your initial medical bills are paid, based on state law. This can be a critical distinction, as it affects your ability to cover your immediate medical bills, which is a major concern for injury victims in the early stages after a crash. Pennsylvania is a no-fault state, while Maryland is a tort state. Let’s dig into what that means.
Pennsylvania is a no-fault insurance state, which means your initial medical bills are paid by your own Personal Injury Protection (PIP) coverage, regardless of who was at fault. This allows you to get immediate treatment without waiting for the other driver’s insurance to admit liability. PIP insurance will only cover you up to your policy limit, however. This is when you will need to look into filing a claim against the other driver.
Maryland is a traditional tort state, meaning that your medical bills are generally paid by your health insurance or a hospital lien while waiting for a settlement. Drivers may choose to have Optional Personal Injury Protection (PIP) or Medical Payments or MedPay, but if you don’t have it, you might need to wait to receive your settlement.
Drivers who are involved in a crash in Maryland will face a significantly higher hurdle for liability under contributory negligence, whereas in Pennsylvania, drivers often have a much easier time getting immediate, essential medical care covered right after the crash.
Contact Munley Law for Experienced Pennsylvania Car Accident Representation
At Munley Law, we work with the laws of the PA-MD border every day and understand the difference that comparative negligence vs contributory negligence could make in your recovery. We let our client victories speak for themselves, showing the kind of cases and amounts of recovery we win for our clients. Work with record-setting Pennsylvania personal injury lawyers.
If your accident happened near the Pennsylvania border, your financial future hinges on applying the right state law and accurately proving fault. Do not allow an insurance adjuster to exploit the harsh rules of contributory negligence. Contact the record-setting Pennsylvania personal injury lawyers at Munley Law today for a free, no-obligation case consultation and ensure your legal strategy is built for maximum compensation.
Marion Munley
Marion Munley is recognized for her compassionate representation of catastrophically injured clients and
her steadfast dedication to them and their families. Her advocacy has produced numerous multimillion-dollar recoveries, including one of the largest trucking accident settlements on record. Marion is Triple Board Certified by the National Board of Trial Advocacy in Civil Trial, Civil Practice, and Truck Law, and since 2023 has been named one of Pennsylvania’s Top 10 Super Lawyers by Super Lawyers.
Call us at 844-686-5397 Posted in Car Accidents, Personal Injury.
