Maryland Car Accident Attorney Blog
When someone gets behind the wheel while intoxicated, they aren’t just breaking the law—they are also putting everyone around them at risk. In Maryland, drivers who cause accidents while under the influence can be held accountable through criminal charges and in civil court through personal injury lawsuits. In DUI cases, Maryland law provides a critical legal concept known as negligence per se that can make it easier for victims to prove the impaired driver’s responsibility.
What Is Negligence Per Se in Maryland?
In most personal injury cases, proving negligence requires showing that the at-fault driver failed to act with reasonable care. However, in cases involving DUI, the legal principle of negligence per se can apply. Negligence per se means that a driver is automatically considered negligent if they violate a law designed to protect the public and that violation directly causes harm to someone else.
In Maryland, driving under the influence is illegal under Maryland Transportation Code § 21-902. This law protects the safety of everyone on the road by prohibiting impaired driving. When a driver violates this law and causes an accident, they are automatically considered negligent because they’ve broken a safety law intended to prevent the exact type of harm that occurred.
How Does Negligence Per Se Apply to DUI Cases?
If you have suffered injuries in a car accident caused by a drunk driver in Maryland, proving negligence per se can significantly strengthen your case. In a typical car accident case, you would need to show that the at-fault driver’s actions were unreasonable and directly led to your injuries. However, in a DUI accident, the drunk driver’s violation of the law serves as clear evidence of negligence.
The burden shifts once you prove that the other driver was under the influence and caused the accident. The focus is no longer on proving that their actions were unreasonable, as the law automatically deems impaired driving negligent. This makes it easier to hold the drunk driver accountable for the injuries and damages you’ve suffered.
Proving Negligence Per Se in Maryland DUI Cases
To take advantage of the negligence per se doctrine in a DUI accident case, you need to prove two key elements:
● The driver violated a statute or regulation; and
● The violation caused your injury.
In DUI cases, proving that the driver violated Maryland’s DUI law usually involves evidence like police reports, breathalyzer results, or witness testimony. Once you establish that the driver was under the influence during the accident, the negligence per se doctrine can be applied to your case, significantly strengthening your compensation claim.
However, you must still prove that the driver’s violation of the DUI law directly caused your injuries. This involves demonstrating that the accident wouldn’t have happened if the driver hadn’t been impaired and that the accident caused you to suffer specific damages such as medical bills, lost wages, or pain and suffering.
The Impact of Contributory Negligence in Maryland
The state’s contributory negligence rule is an essential aspect of Maryland law that can affect your DUI case. Under this rule, if you are found to have contributed in any way to the accident, even by as little as 1%, you could be barred from recovering compensation. This strict standard makes it essential to build a strong case that shows the drunk driver was solely responsible for the accident.
For instance, imagine you were involved in a DUI accident, but the defense argues that you were speeding or failed to use proper caution while driving. You could be denied compensation under Maryland law if the court finds you partially at fault. This makes it essential to have a strong legal advocate to defend against contributory negligence claims and build a solid case on your behalf.
Contact the Dedicated Maryland Injury Lawyers at Lebowitz & Mzhen to Learn More
If you or a loved one was recently injured due to another’s negligence, it’s important you take a few minutes to learn about your rights and what you can do to hold the at-fault party accountable. At Lebowitz & Mzhen, we have decades of combined experience handling all types of personal injury, wrongful death, and medical malpractice lawsuits on behalf of clients throughout Maryland and Washington, D.C. To learn more and to schedule a free consultation today, give us a call at 800-654-1949. You can also connect with us through our secure online contact form.