Cooper Law Firm
Quality, Affordable Legal Guidance
Se habla EspaƱol

Driver runs stop sign and injures himself and another driver

Two young men were taken to regional hospitals on a recent Wednesday night after a tragic car crash in Fallston. The accident occurred when a Chevy pickup truck ran a stop sign and smashed into an Isuzu SUV on the passenger side.

Maryland state police reported that one of the young men involved in the car accident was taken to the Maryland Shock Trauma Center in Baltimore while the other was taken to Johns Hopkins Bayview Medical Center. A Volunteer Fire Company responded to provide medical attention and the Maryland State Troopers were called to assist in the investigation. The status of both men was unknown.

In an auto accident, liability all depends on the determination of fault. Liability means the person or party at fault must pay for all or part of the damages or injuries. There are four basic levels of fault: (1) negligence, (2) recklessness or wanton conduct, (3) intentional misconduct or (4) strict liability. The most common type of fault is negligence, which is proven by showing a driver was careless or inadvertent while driving and as a result of their actions they caused an injury to another.

The driver of the pickup in this instance may have failed or neglected to stop at the stop sign. But in Maryland, establishing negligence on the part of the other driver is not the end of the liability inquiry. Here, it is at least theoretically possible the driver of the SUV may have contributed to the accident if, for example, he was driving too fast. Unfortunately, Maryland is one of only a handful of states, as well as the District of Columbia, which still apply the antiquated concept of contributory negligence. In other states, a victim may be partially negligent and still be entitled to a partial recovery of damages in many cases. In Maryland, however, any fault on the part of the plaintiff, however slight, is a complete bar to recovery. Thus, even if the defendant is 99% at fault and the plaintiff is only one percent at fault, the plaintiff recovers nothing. Maryland's system is outdated, unfair to accident victims, and overdue for reform.

Source: Bel Air Patch, "Fallston Accident Injures 2, Under Investigation," Jan. 31, 2013.

No Comments

Leave a comment
Comment Information

Contact Cooper Law Firm Today A Diverse Professional Legal Team, Always Accessible to You. Call 866-405-0124.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
  • Maryland Association for Justice
  • Bar Association of Montgomery County, MD
  • PGCBA | Prince George's County Bar Association | Over a century of service
  • MSBA | Maryland State Bar Association, Inc.

office location

Cooper Law Firm
8720 Georgia Avenue, Suite 701
Silver Spring, MD 20910

Toll Free: 866-405-0124
Phone: 301-587-9170
Fax: 301-589-1585
Silver Spring Law Office Map