Out of State Automobile Accidents-What law Applies?

Steve Silverman — Fri, 06 Feb 2009 11:24:49 GMT

I recently represented a Maryland resident who was driving in Delaware when his car was hit head-on by by another Marylander who was driving in the opposite direction. My client suffered substantial injuries requiring multiple surgeries. Because the victim and the defendant were residents of Maryland, I was able to bring suit in Maryland even though the accident happened in Delaware.

The more important question was whether the Maryland Court would apply Delaware or Maryland negligence law. This was a critical issue for the victim because the Delaware law of comparative negligence is much more “plaintiff friendly” than Maryland’s doctrine of contributory negligence (see my previous blog on a discussion of contributory negligence v. comparative negligence” )

When deciding whether Maryland or Delaware law applies to this case, the Maryland Judge will follow the doctrine of lex loci delicti, which states that the law of the jurisdiction where the accident took place controls. Many states, including Delaware, take the position of the Restatement of Conflict of Laws § 145, which sets out the “most significant relationship test” and lays down six factors in § 6 to determine which law should apply when an accident occurs in one state between residents of a different state. In White v. King, the Maryland Court of Appeals clearly stated that Maryland law recognizes the doctrine of lex loci delicti. 223 A.2d 763 (1966).

This holding was reaffirmed in Hauch v. Connor, where the Court of Appeals reiterated that “[t]he rule of lex loci delicti is well-established in Maryland (although in Hauch itself, the Court applied Maryland law to an accident in Delaware based on public policy reasons because the Worker’s Compensation action could not have existed under Delaware law at all). When its rationale has been put into question, ‘this Court has consistently followed the rule.’” 295 Md. 188 at 124 (1983).

Thus, Maryland follows the rule of lex loci delicti. Even though both parties are residents of Maryland, the accident occurred in Delaware so Delaware law applies to this case.

Originally posted at InjuryBoard by Steve Silverman

Contributory Negligence in Maryland for Maryland Personal Injury Cases

Steve Silverman — Thu, 05 Feb 2009 15:48:21 GMT

The Doctrine of Contributory Negligence adversely affects many personal injury plaintiffs in the State of Maryland. Basically, if a victim is found to share in the responsibility for an accident, the victim is completely bared from recovery. This doctrine, only found in Maryland, Virginia, North Carolina and Washington, D.C. frustrates many deserving injury victims and their lawyers.

In most states, recovery or compensation is based upon the Doctrine of Comparative Negligence. Comparative negligence, a much fairer standard, comes into play when it is contended that two or more parties failed to act in a reasonable standard of care. For example, suppose one person was driving too fast and hit a car that that failed to stop completely at a stop sign. In this situation-where each party has some degree of negligence in causing an accident-the responsibility to the other person(s) is reduced by the others' degree of negligence.

For example, suppose a jury decides that the driver going too fast was 10% responsible for the accident, while the driver who blew through the stop sign was 90% responsible. If the driver who was driving too fast is awarded $10,000, his recovery would be reduced to $1,000 because of his 10% contributory negligence.

If this accident case were decided in a contributary negligence jurisdiction such as Maryland, the driver who was found to have contributed to the accident by 10% would be 100% barred from any recovery. This can be unfortunate in situations where a plaintiff is severely injured or paralyzed, and can not make any recovery.

Most people do not think about this concept very often until it affects them personally. So if you are driving in Maryland, have an accident-watch out! The opposing insurance company may try to tag you with 1% of the blame to prevent compensating you a nickel. Immediately get yourself an experienced Maryland personal injury lawyer to protect you. Otherwise you may be left with mounting medical bills, ruined credit, and no where to turn.

Originally posted at InjuryBoard by Steve Silverman

Baltimore Personal Injury Lawyer - contributory negligence

Out of State Automobile Accidents-What law Applies?

Contributory Negligence in Maryland for Maryland Personal Injury Cases