By Jim Titus, WABA
The Maryland Court of Appeals is considering a case that could, if successful, repeal the doctrine of contributory negligence. Maryland is one of only five states that retains this legal doctrine, under which a plaintiff who is even minimally at fault cannot successfully sue to recover damages caused by someone else’s negligence. This doctrine is very unfair to cyclists, who may lose the ability to pay for significant medical bills or the loss of earnings after a severe accident.
Last fall, the Maryland Court of Appeals heard oral arguments on whether to replace the doctrine of contributory negligence with comparative fault in the case of Coleman v. Soccer Association of Columbia. The case involves a volunteer soccer coach who smoked pot before practice, tried to swing on a portable goal, and fell on his face. He sued for damages from the soccer league for failing to warn him about this hazard, but the jury found that he was contributorily negligent, so he could not recover damages.
If any such bill has a significant chance of passing, we will work to include an exception for bicyclists who collide with motor-vehicle drivers.