Maryland Contributory Negligence Law Should Be Adjusted To Protect Pedestrians, Cyclists and Others
Maryland remains one of only four states that still has a contributory negligence law, which is a legal doctrine that bars an injured person from recovering any damages if they are even 1% at fault in an accident or injury. While this harsh and outdated rule is unfair to all individuals injured in Maryland, it disproportionately harms vulnerable road users, such as pedestrians, cyclists, and others who lack the protective shell of a motor vehicle.
House Bill 594 has been introduced in the 2025 Regular Session of the Maryland General Assembly, seeking to correct this injustice by shifting Maryland from contributory negligence to comparative negligence, a legal standard already adopted by 46 other states and the District of Columbia.
The personal injury lawyers at Saiontz & Kirk, P.A. encourage all of our Maryland clients to reach out to their representative in the state legislature and encourage them to pass House Bill 594, so that the Maryland contributory negligence law is adjusted to protect pedestrians, cyclists and other vulnerable road users.
Who Are Vulnerable Road Users?
Under Md. Code, Transp. § 21-901.3, a “vulnerable individual” includes:
- Pedestrians
- Cyclists
- Motorcyclists
- Individuals in wheelchairs
- Road workers
- Emergency responders on the roadside
- Individuals operating farm equipment
These individuals are at far greater risk of serious injury or death in a motor vehicle accident than those inside a car, making it essential that they have fair access to legal remedies when injured.
How House Bill 594 Will Bring Fairness to Maryland’s Roads
House Bill 594 modifies Maryland’s negligence laws in the following ways:
- Comparative Negligence Standard: Under the proposed bill, an injured pedestrian or cyclist would not be barred from recovery unless their negligence was greater than the combined negligence of all defendants involved. If they are partially at fault, their damages would be reduced proportionally rather than eliminated entirely.
- Preserves Existing Legal Doctrines:The bill does not alter joint and several liability, or the doctrine of last clear chance, meaning drivers can still be held responsible for their actions when they had the ability to prevent harm.
- Applies Only to Vulnerable Road Users:This bill does not change negligence laws for all motor vehicle accidents, but instead focuses on protecting pedestrians, cyclists, and others who face the greatest risk on the road.
Why Changes to Maryland’s Contributory Negligence Law Are Necessary
Maryland’s Contributory Negligence Law is a Legal Dinosaur: In Coleman v. Soccer Association of Columbia (2013), the Maryland Court of Appeals described contributory negligence as a “dinosaur roaming the legal landscape”, urging the state to abandon it. Yet, over a decade later, this outdated rule still exists.
Vulnerable Road Users Bear the Brunt of Crashes: Pedestrians and cyclists account for a disproportionate number of serious injuries and fatalities on Maryland roads. Despite this, even when a negligent driver is overwhelmingly at fault, a minor misstep by a pedestrian or cyclist can bar them from recovering damages.
Washington, D.C. Passed a Similar Law, and the World Didn’t End: Although the District of Columbia previously had a similarly harsh contributory negligence law, D.C.previously enacted a comparative negligence law for vulnerable road users, allowing them to recover damages even if they were partially at fault.
While the insurance industry has been pushing back on the changes to Maryland’s contributory negligence law, this update in D.C. establishes that there were no major negative consequences from the changes. Drivers still drive. Insurance companies still operate. The only change? Victims of negligent drivers can now access a fairer system.
Testimony in Support of HB 594
As a Baltimore City resident, daily cyclist, and personal injury attorney in Maryland, I personally understand the risks that vulnerable road users face. Below is my official testimony (PDF) submitted today to the Maryland House Judiciary Committee in support of House Bill 594:
The Bottom Line
Maryland’s negligence laws should protect victims, not shield negligent drivers. House Bill 594 is a long-overdue fix that will ensure vulnerable road users are treated fairly under the law. Comparative negligence is already the standard in 46 states. It’s time for Maryland to catch up.
Contact your legislators and urge them to support House Bill 594. Let’s ensure Maryland’s streets are fair and just for all road users.
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