The Maryland Court of Appeals had the chance to abolish contributory negligence in Coleman v. Soccer Association of Columbia (2013). It declined. The 1% bar still applies in every Maryland car accident case.
Maryland is one of only four states still applying pure contributory negligence to car accident cases. The Maryland Court of Appeals reaffirmed the rule as recently as 2013. If a jury finds you even one percent at fault, you recover nothing.
Maryland is a fault-based state with a three-year statute of limitations under Md. Cts. & Jud. Proc. § 5-101 — longer than most contributory negligence states. But the longer SOL is misleading because the rule that decides most Maryland cases is contributory negligence, a common-law doctrine the Court of Appeals reaffirmed as recently as 2013 in Coleman v. Soccer Association of Columbia, 432 Md. 679. Forty-six other states have moved to comparative fault. Maryland has not. Under contributory negligence, any percentage of fault assigned to you — even one percent — eliminates your recovery entirely.
This rule shapes how every Maryland car accident case is litigated. Defense lawyers and adjusters open by looking for any fault to assign to you: failure to react fast enough, drifting in your lane, looking away from the road, not wearing a seatbelt. Anything that pushes your fault above zero ends the case. The job of a Maryland plaintiff's attorney is not to minimize fault percentage — it is to keep you at literal zero. Boulevard Rule cases (the Maryland-specific right-of-way doctrine for through-street drivers) and rear-end collisions are the strongest fact patterns because the defendant's fault is presumptively complete.
If a government vehicle was involved, two notice deadlines apply and missing them is fatal. Claims against the State of Maryland must be filed in writing with the State Treasurer within one year of the injury under Md. State Gov't § 12-106 (Maryland Tort Claims Act). Claims against a local government — Baltimore City, Montgomery County, Prince George's County, or any municipality — require written notice within one year under Md. Cts. & Jud. Proc. § 5-304 (Local Government Tort Claims Act), delivered by certified mail or in person to the specific designated official for that entity. Baltimore City requires notice to the City Solicitor; counties have their own designated recipients. Missing the deadline bars the claim against the government entity entirely.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Quite possibly. Maryland's contributory negligence rule bars recovery if a jury or judge finds you even one percent at fault for the accident. The Court of Appeals reaffirmed this rule in Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013). Narrow exceptions exist — last clear chance, reckless or wanton conduct by the defendant, and the Boulevard Rule for through-street collisions — but contributory negligence is the rule, and the exceptions are not assumed. Don't write off your case without an attorney evaluating the available doctrines.
Three years from the date of the accident under Md. Cts. & Jud. Proc. § 5-101. For wrongful death, the same three-year period applies but runs from the date of death. If a state vehicle was involved, you must file written notice with the State Treasurer within one year under Md. State Gov't § 12-106 (Maryland Tort Claims Act). For local government vehicles — counties, municipalities, Baltimore City — written notice is required within one year under Md. Cts. & Jud. Proc. § 5-304 (Local Government Tort Claims Act), delivered to the specific designated official for that government.
The Boulevard Rule is a Maryland-specific common-law doctrine governing collisions between a through-street driver (favored) and a driver entering or crossing from an unfavored road or stop sign. The favored driver has an absolute right of way, and the unfavored driver is presumptively negligent in any collision. In a contributory negligence state, that presumption is enormous — it effectively places fault on the unfavored driver as a matter of law, removing the defense's main argument. Boulevard Rule fact patterns are some of the strongest possible Maryland car accident cases.
Baltimore City and Prince George's County jury pools have historically produced the highest plaintiff verdicts in the state. Montgomery, Howard, and Anne Arundel County juries trend more conservative on damages. Insurance carriers track this and adjust settlement posture by venue. Cases where venue can be properly placed in a more plaintiff-friendly county under Maryland's venue statutes are often worth significantly more. An attorney who practices statewide will evaluate venue strategy on the first call.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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Last reviewed: 2026-04-07
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“The defense argued I was 10% at fault for not seeing the other car sooner. In Maryland that meant zero recovery. My attorney built the case around the Boulevard Rule and the through-street presumption — the other driver was 100% at fault.”
— Renee O., Baltimore, MD
“A Prince George's County police vehicle hit my car. The county said the 1-year notice deadline had passed. My attorney showed the county had actual knowledge of the claim within the window — the notice exception under § 5-304 saved my case.”
— Marcus E., Largo, MD
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