EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0594*
HOUSE BILL 594
D3, R5 5lr2465
By: Delegates Embry, Boyce, Feldmark, Kaufman, R. Lewis, Palakovich Carr,
Pasteur, Taveras, and Williams
Introduced and read first time: January 23, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Civil Actions – Motor Vehicle Accidents Involving Vulnerable Individuals – 2
Comparative Negligence 3
FOR the purpose of prohibiting recovery by a certain plaintiff from being barred in a certain 4
civil action due to the plaintiff’s negligence, except under certain circumstances; 5
requiring any damages awarded under this Act to be diminished in proportion to the 6
amount of negligence attributed to the plaintiff; and generally relating to 7
comparative negligence and motor vehicle accidents involving vulnerable 8
individuals. 9
BY adding to 10
Article – Courts and Judicial Proceedings 11
Section 11–302 12
Annotated Code of Maryland 13
(2020 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Courts and Judicial Proceedings 17
11–302. 18
(A) THIS SECTION APPLIES ONLY TO A CIVIL ACTI ON BROUGHT BY A 19
PLAINTIFF WHO , AT THE TIME OF THE M OTOR VEHICLE ACCIDEN T GIVING RISE TO 20
THE CAUSE OF ACTION , WAS A VULNERABLE INDIVID UAL, AS DEFINED IN § 21–901.3 21
OF THE TRANSPORTATION ARTICLE. 22
(B) IN AN ACTION TO RECOVER DAMAGES ARIS ING FROM THE NEGLIGE NT 23 2 HOUSE BILL 594
OPERATION OF A MOTOR VEHICLE, RECOVERY BY THE PLAI NTIFF MAY NOT BE 1
BARRED DUE TO THE PL AINTIFF’S NEGLIGENCE UNLESS THE PLAINTIFF ’S 2
NEGLIGENCE WAS : 3
(1) A PROXIMATE CAUSE OF T HE PLAINTIFF’S INJURY; AND 4
(2) GREATER THAN THE COMBI NED NEGLIGENCE OF AL L 5
DEFENDANTS THAT PROX IMATELY CAUSED THE P LAINTIFF’S INJURY. 6
(C) THE DAMAGES AWARDED I N AN ACTION DESCRIBE D IN THIS SECTION 7
SHALL BE DIMINISHED IN PROPORTION TO THE AMOUNT OF NEGLIGENCE 8
ATTRIBUTED TO THE PL AINTIFF. 9
(D) THE PROVISIONS OF THI S SECTION MAY NOT BE CONSTRUED TO AFFECT 10
THE RULE OF JOINT AN D SEVERAL LIABILITY OR THE DOCTRINE OF L AST CLEAR 11
CHANCE. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 13
apply only prospectively and may not be applied or interpreted to have any effect on or 14
application to any cause of action arising before the effective date of this Act. 15
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2025. 17