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The 1% Rule in Maryland: How Contributory Negligence Destroys Claims

Updated: 2 days ago

Automobile accident on street

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

 
 

Guiding clients through legal challenges to achieve the justice and compensation they deserve. We handle cases involving auto accidents, personal injury, police misconduct, slip and falls, medical malpractice, and other injury-related claims.

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