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Community Corner

Contributory negligence unfair law


To Whom it may concern:I am writing to you to tell you about an injustice I feel was done not only to myself, but to any other person that has or may have the misfortune to be injured due to the irresponsibility of the county....mainly traffic control.On August 12, 2010 I was traveling from a home I was cleaning on Sunset Ct and Arundel Beach Road...I have no recollection of the actual impact at the accident scene but came to learn it was supposed to be controlled by a stop sign that for some reason or another nobody in the county can explain what happened to it after it was installed in 1995. They cant explain why in 2005 it wasnt replaced as all signs are supposed to be every 10 years. All anyone can say is I should have KNOWN to stop therefore they are not liable. Several factors contribute to my lack of stopping.....though I am only going by witness who says I didnt....To this day remember nothing of entering intersection or the actual impact.What I do know is I suffered numerous injuries that will never fully heal, have been out of work since, waiting almost 4 years for this trial to finally come around only to be told that because I CONTRIBUTED to accident.....I have no claim......The county walks off free from blame, and I am left with injuries, no income, and no chance of ever working full time again....The following is what their reasoning is......keeping in mind only FOUR states implement this rule......
"Unfortunately, Maryland is one of only 4 states that has a very harsh rule called “contributory negligence.” If it exists in your case, contributory negligence defeats your claim.According to the contributory negligence rule in Maryland, if you contributed in any way to causing your auto accident, you have no claim against the driver who was the primary cause of your accident. In theory, if you are only 1% responsible for causing an accident and the other driver is 99% at fault, under Maryland car accident law you are not entitled to recover from the other driver!Under Maryland car accident law, if you can prove that the other driver caused your accident and that you did nothing to contribute to causing the accident, there is ‘liability."There was no OTHER DRIVER.......only the LACK OF TRAFFIC CONTROL......Oddly enough...a stop sign was erected 2 hours after my accident....and have pics showing that...They were found negligent by a jury but because of the CONTRIBUTORY LAW........the only one who suffers is myself and my family......as well as anyone else this may happen to at a later time.
Something has to be done to change this law to protect people as myself who were new to the area, didnt know I was entering an intersection, and had no guidance telling me what to do...This could have been an elderly person, new driver or, like myself unfamiliar with the area...I had moved here from NJ and only cleaned the house I had just left maybe a total of 3 times, therefore that street or area was not something I knew much about in terms of driving.I am hoping my attorney is going to appeal this and that is his intentions, but putting this out there is something I hope to achieve. The judge in this case put it in the instructions to jury that if they think I CONTRIBUTED to my injuries, then they need to say that due to that law........something my lawyer argued unfair as there was no OTHER DRIVER therefore the law should not apply...

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