Or let me state the bill more simplistically. At fault drivers "need" a easy defense to get out of paying any damages at all. <\/p>\n
Yes you are reading that right, people at fault in a traffic "accident" can get away with murder. And the sponsors of this bill want to see more people get away with murder. <\/p>\n
Examples of why we don’t like contributory negligence:<\/p>\n
A Richmond, Virginia jury awards no damages to a 23 year-old pedestrian who was hit by an F-150 truck while walking on the sidewalk. The jury found the Plaintiff contributory negligent because she was singing while she was walking. Montgomery County Circuit Court awards no damages to a cyclist who hit a left turning truck that violated the cyclist’s right-of-way. The cyclist was contributory negligent because they hit the back part of the truck. What we do support is comparative negligence which is basically if a damaged party is 1% negligent they lose 1% of the damages. This is vastly more fair and just then losing all damages under contributory negligence and is followed by 90% of the United States in one form or the other. <\/p>\n ****************************************************************************************<\/p>\n House Bill 1129 states (in part):<\/p>\n (B) CONTRIBUTORY NEGLIGENCE SHALL REMAIN AN AFFIRMATIVE DEFENSE THAT MAY BE RAISED BY A PARTY AGAINST WHOM A CLAIM IS MADE FOR DAMAGES FOR WRONGFUL DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE. ****************************************************************************************<\/p>\n There is little doubt in my mind that this bill is the result of issues raised in this story: https:\/\/www.baltimorespokes.org\/article.php?story=2011011613561368<\/a><\/p>\n There is a group behind this that is difficult to find out just who they are but with some detective work here https:\/\/www.baltimoreinjurylawyerblog.com\/2009\/03\/whats_a_frivolous_lawsuit.html<\/a> we find a former political lobbyist (representing big corporate interest?), a doctor sued for medical malpractice, the owner of a failed local insurance company, an attorney in Annapolis, an owner of a national chain of camp resorts and a owner of a risk management for business. And they call themselves, get this, Maryland Citizens Against Lawsuit Abuse. The link in this paragraph has more info on the absurdity of that title and I quote from that article "Personally, I would be suspicious of any group that seems to conceal its leaders and true agenda."<\/p>\n There is also a battle of sorts between the courts and the legislature going on here. Judge Bell wants a study that I will summarize as "What are the best legal practices in awarding damages? And can the court adopt such best practices as a rule?" (Implied without the legislature taking action.) And then there is this statement attributed to Judge Bell (if I am reading it right) "Maryland’s contributory negligence rule is a common law rule. Arguably, the legislature’s failure to act is not approbation of contributory negligence." So to summarize the sponsors of this bill are afraid that contributory negligence will not be found to be the "best practice" by the study and want to prevent the court from taking any action based on that study. Personally I find that rather damning of the sponsors of the bill.<\/p>\n I am appalled at the number of Delegates that have signed on in support of this and how few have supported House Bill 363 – \u201cManslaughter by Vehicle or Vessel \u2013 Criminal Negligence. If indeed our legislature is impressed by Citizens Against something and grassroots motivation then we need to send a clear message "We are Maryland citizens and not big corporate interests. We are truly grassroots and our only "profit" is seeing the all Maryland citizens being protected by fair and just laws laws. <\/p>\n ****************************************************************************************<\/p>\n *** Take action ***
\nhttps:\/\/www.baltimorespokes.org\/article.php?story=20110222101857474<\/a><\/p>\n
\nhttps:\/\/www.baltimorespokes.org\/article.php?story=20090726190123851<\/a><\/p>\n
\n…
\nhttps:\/\/mlis.state.md.us\/2011rs\/bills\/hb\/hb1129f.pdf<\/a><\/p>\n
\nAnd write your Representative to oppose House Bill 1129 – Maryland Contributory Negligence Act , especially if they are one of the sponsors:
\nDelegates Kramer, Bates, Beitzel, Bromwell, Carter, Costa, Dwyer, George, Jameson, Kach, K. Kelly, Kipke, McConkey, W. Miller, Norman, O’Donnell, Vitale, Weir, and Wood <\/p>\n