Maryland Car Accident Laws

Maryland is one of only five US jurisdictions — alongside Virginia, Alabama, North Carolina, and DC — that still applies pure contributory negligence. Maryland's highest court reaffirmed the rule as recently as 2013, so it isn't a relic waiting to be overturned.

Maryland's Court of Appeals had the chance to abandon this rule in 2013 and chose not to. It remains firmly the law.

Statute of limitations: 3 years

Under Md. Cts. & Jud. Proc. §5-101, you generally have three years from the date of the injury to file a personal injury lawsuit — the same deadline covers property damage. Claims against a government entity require notice within one year, and the lawsuit itself within three years.

Fault rule: pure contributory negligence

Under Maryland's contributory negligence doctrine (reaffirmed in Coleman v. Soccer Ass'n of Columbia, 2013), any negligence on your part — however small — generally bars you from recovering anything from the other driver, regardless of how much more at fault they were.

Insurance: at-fault system, 30/60/15 minimum

Maryland is an at-fault state. Minimum liability limits are 30/60/15: $30,000 per person and $60,000 per accident for bodily injury, plus $15,000 for property damage. PIP is optional in Maryland; if not waived, it provides at least $2,500 in no-fault medical and lost-wage coverage — useful precisely because it isn't affected by the contributory negligence rule.

How this plays out in a real claim

Take a case where the other driver was clearly speeding and ran a stop sign, but you were traveling five miles per hour over the limit yourself. In most states that fact alone might trim your compensation by a small percentage. Under Maryland's contributory negligence rule, that same small share of fault can bar your claim entirely, regardless of how much more at fault the other driver was. This is exactly why what you say at the scene and to an adjuster carries unusual weight here — a single careless admission can end a claim that would otherwise have been strong.

A mistake worth avoiding in Maryland

Because any degree of fault on your part can bar a claim entirely under Maryland's rule, this is the state where an offhand "sorry" or a casual admission at the scene can do the most damage. It's worth being especially deliberate about sticking to plain facts when speaking with the other driver, police, or any insurer.

If a government vehicle or agency was involved

Maryland requires a formal notice within one year of the injury whether you're dealing with the state itself (Maryland Tort Claims Act, notice to the State Treasurer) or a local government like a county or city (Local Government Tort Claims Act, notice of the "time, place, and cause" of the injury). This is separate from, and shorter than, Maryland's general 3-year personal injury deadline, and courts have some latitude to accept "substantial compliance" with the notice requirement rather than demanding it be followed to the letter — though that's not something to rely on rather than simply meeting the deadline.

If the crash resulted in a death

Maryland gives three years from the date of death for a wrongful death claim (Md. Code, Cts. & Jud. Proc. §3-904(g)), and Maryland's highest court has held this claim is fully independent of the underlying injury claim — it survives even if the deceased's own personal injury deadline had already expired before they died. Beneficiaries are tiered: spouse, children, and parents (“primary”) have exclusive priority; more distant relatives can only claim if none of those survive and they were substantially dependent on the deceased. Non-economic damages are capped (around $950,000 as of the most recent adjustment for a single beneficiary), rising by 50% when there are two or more beneficiaries.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don't decide what the claim is actually worth, or whether it's worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Maryland law makes a lawyer worth it for your specific situation.

When it's worth talking to someone

Given how consequential even minor shared fault can be, Maryland is one of the clearer cases for getting advice early. A free, no-obligation conversation costs nothing.