She was sitting in the passenger seat of her girlfriend’s car waiting for her friend to get back in the car to take her home. Her friend had parked the car on a steep hill in front of her sister’s house and ran in to get a pillow she had left there. The emergency brake was on and the car was running. The car started to roll down the hill. It scared her to death!! Her first reaction was to open the door and jump out of the car. As she did, the car door hit her in the back causing serious injury to her back. So serious that she was lucky not to have been paralyzed. An injury which resulted in back surgery and a prolonged recovery period.
The couple was in Ocean City on vacation. They were on their way to dinner and started to cross the street at the corner when they were struck by a car. Even though they were at the corner they were not in the crosswalk when they were struck and it was subsequently determined that the “Walk” signal had not yet come on. Both of them suffered severe and permanent injuries. Injuries which resulted in hospital stays, surgeries and a prolonged recovery period.
You would think that someone, the car manufacturer, the owner of the vehicle, the driver who ran the red light, SOMEONE, would be considered negligent in these scenarios and be held responsible for the injuries caused by these accidents. You would think that these unfortunate people would be compensated for the medical expenses they incurred, the wages they lost and the pain and suffering they endured. After all, these accidents were caused by someone else’s negligence. Right?
Not always. In Maryland, if the court determines that your negligence contributed to your own injuries in any way, the other party or parties cannot be held responsible, even if they were grossly negligent.
Because she jumped out of the car, she contributed to the negligence and there was no recovery of money for injuries, lost wages or pain and suffering.
Because they were not in the cross walk and walking against the crossing signal, they were considered negligent and they did not receive any money for their injuries, lost wages or pain and suffering.
Talk to Salvatore & Morton about your accident, your injuries and whether or not you are entitled to recover monetarily. We have the experience and expertise to guide you through the pitfalls of this process.