Contributory negligence - one persons story


B' Spokes: As you might know I try to collect various information about Maryland's contributory negligence doctrine and this is one disturbing report.
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by Greg, a comment on The WashCycle

In Maryland, 70% of civil suits involving a pedestrian and a vehicle the pedestrian is at fault. Recently, as an example, my friend was hit by a truck on my block walking away from a tow truck with flashing sirens. In spite of Maryland's requirement that the driver yield right of way when approaching a vehicle using authorized flashing lights and slow to a prudent speed, he swerved around the truck and struck my friend resulting in medical bills and injuries.

My friend, because he was walking on *my property* but on the right hand side of the road as opposed to the left hand side of the road, was found to be contributory negligent and therefore not entitled to any relief.

Contributory negligence makes a lot of sense when you're talking about someone walking on ice with disregard for their own safety - however to infer that a pedestrian or cyclist needs to hold themselves to a higher standard of vigilance than someone driving a 2000+lbs vehicle is backwards and flies in the face of common sense. People holding hammers need to watch where they swing, I shouldn't need to walk around the edge of my property worrying about vehicles striking me down because I'm on the side of the road where my house is...

<a href="http://www.thewashcycle.com/2012/09/two-chances-to-reform-contributory-negligence-doctrine-in-maryland.html?cid=6a00d8345198c369e2017ee5a9d293970d#comment-6a00d8345198c369e2017ee5a9d293970d">http://www.thewashcycle.com/2012/09/two-chances-to-reform-contributory-negligence-doctrine-in-maryland.html?cid=6a00d8345198c369e2017ee5a9d293970d#comment-6a00d8345198c369e2017ee5a9d293970d</a>;

by B' Spokes

Like most people I live a hectic life and who has the time for much exercise? Thanks to xtracycle now I do. By using my bike for daily activities I can get things done and get an hour plus work out in 15 minutes extra of my time, not a bad deal and beats taking the extra time going to the gym. In case you are still having trouble being motivated; the National Center of Disease Control says that inactivity is the #2 killer in the United States just behind smoking. ( http://www.cdc.gov/nccdphp/bb_nutrition/ ) Get out there and start living life! I can carry home a full shopping cart of groceries, car pool two kids or just get lost in the great outdoors camping for a week. Well I got go, another outing this weekend.
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