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:
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.