The 1% Rule in Maryland: How Contributory Negligence Destroys Claims
- Falodun Law
- Dec 18, 2025
- 3 min read
Updated: 2 days ago

Maryland’s Harsh 1% Rule — What Every Injured Driver Must Know
If you were injured in a car accident in Maryland or Washington, D.C., you need to understand one of the most unforgiving laws in the country: Maryland’s 1% Rule, also known as contributory negligence.
This rule allows the insurance company to deny your entire claim if they can argue you were even 1% at fault.
This applies everywhere in the region:
Baltimore City & Baltimore County
Howard County
Montgomery County
Prince George’s County
Washington, D.C.
It’s a law that catches many people off guard—and insurers weaponize it instantly.
What Exactly Is the 1% Rule?
Maryland is one of only four states that still follow pure contributory negligence.
Under this rule:
If you are even 1% responsible for your crash, you recover nothing.
Nothing for medical bills.Nothing for lost wages.Nothing for pain and suffering.Even if the other driver was 99% at fault.
This is why Maryland’s 1% rule is widely considered the toughest car accident law in America.
Why This Rule Is So Dangerous for Accident Victims
Insurance companies take full advantage of contributory negligence. A skilled personal injury attorney in Maryland knows how insurers exploit contributory negligence. They immediately search for anything to blame on you, including:
“You stopped too fast.”
“You weren’t paying attention.”
“You could have avoided the crash.”
“You were slightly speeding.”
“You didn’t react quickly enough.”
Their entire mission is to assign just 1% of fault to deny your claim.
Real Examples of How the 1% Rule Is Misused
Even in cases where the other driver is clearly at fault, insurers try to twist the facts:
Rear-End Accidents
They claim you braked “too suddenly.”
Left-Turn Collisions
They say you “misjudged the distance.”
Sideswipe or Lane-Change Accidents
They argue you “should have seen the other car coming.”
Pedestrian Accidents
They claim the pedestrian “wasn’t paying attention.”
In Maryland, even weak accusations can block your recovery. These tactics are especially common in cases handled by a Maryland pedestrian accident lawyer, where insurers aggressively look for any excuse to assign 1% fault and deny compensation entirely.
How Falodun Law Fights and Beats the 1% Rule
At Falodun Law, we build every case with Maryland’s tough contributory negligence rule in mind. Our strategy includes:
1. Immediate Evidence Preservation
We secure surveillance videos, police body-worn camera footage, 911 calls, crash data, and witness statements before they disappear.
2. Accident Reconstruction
We work with top-tier experts to show you were 0% at fault.
3. Strategic Liability Analysis
We gather details that eliminate openings for the insurance company to blame you.
4. Aggressive Negotiation
We shut down false fault arguments and make the insurer confront the actual evidence.
5. Litigation When Necessary
We file suit in:
Maryland District & Circuit Courts
Baltimore City Circuit Court
PG County Circuit Court
Montgomery County Circuit Court
Howard County Circuit Court
Baltimore County Circuit Court
D.C. Superior Court
How to Protect Yourself After a Maryland Car Accident
To avoid being blamed under the 1% rule:
Call 911 and get a police report
Take photos and videos
Get witness names
Seek medical attention immediately
Do NOT speak to insurance alone
Contact a lawyer right away
Serving Car Accident Victims Across Maryland & D.C.
Falodun Law proudly represents people injured in:
Baltimore City
Baltimore County (Towson, Randallstown, Essex)
Howard County (Columbia, Ellicott City)
Montgomery County (Rockville, Silver Spring, Gaithersburg)
Prince George’s County (Upper Marlboro, Largo, Hyattsville)
Washington, D.C.
Anne Arundel & Charles County
Contact Falodun Law — Don’t Let the 1% Rule Destroy Your Case
Maryland’s contributory negligence system is harsh but with the right lawyer, you can win.
📞 Call or Text: (301) 289-7737 🌐 Visit: www.falodunlaw.com





