Step into any GM dealership right now and you will find a lot of harried, frustrated people working in the service department. They have been spending days upon days waiting for new ignition switches and then replacing the free parts for all of those millions of recalls that GM has been dealing with for the past year. Though they clearly have room to be frustrated and annoyed, no one has as much space to be upset as the families that have lost loved ones due to GM’s extreme negligence. Some families may be having a harder time than others recovering for the damages that they have suffered, though.
How Does Contributory Negligence Play into Accident Injury Recovery?
First, it is important to know a little bit about contributory negligence. We throw that word around a lot here because it is something we deal with on a day-to-day basis. Maryland is one of only four states in the union that still employ contributory negligence in the courtroom.
Contributory negligence essentially states that if you do anything that could possibly put you at fault for what you are suing for, you will not be able to recover. For example, if one of the victims who died as a result of a malfunctioning ignition switch had keys that were too heavy or was speeding, they could be found to be contributory negligent, even though it is very clearly GM’s fault that the car malfunctioned and the accident happened in the first place. The defendant’s lawyer will claim that the accident may never have happened if the person was not speeding in the first place. Contributory negligence is an easy way for companies like GM and at fault drivers to get out of consequences after an accident.
While many of the families should be able to recover from GM after these accidents, it could take years, and many are choosing to settle instead. Sometimes settling is the smart route to go, especially when contributory negligence could be a factor if the lawsuit makes it to court. The car accident lawyer representing the families has to be extremely diligent and knowledgeable to help these families make the right decision between taking the settlement and fighting for more in court.
Finding a Good Accident Injury Lawyer
Your consultation with our lawyers is free and if we can help you, your case will be handled on a contingency fee basis in the case that you are not at fault and are injured, which means no out of pocket expense or cost to you. For a free consultation with our car accident lawyers, contact Robinson & Associates at 410.415.3841 or click www.marylandaccidentattorney.com today for your free consultation. We look forward to helping you.
Source: Detroit News