A couple from Falling Waters, West Virginia, has been killed in a crash near the town of Williamsport, Maryland. The victims are Joseph and Esther Digiovanni. He was 69, and she was 68.
The Digiovannis were in a Jeep Liberty. Joshua Largent, who is 28 and from Martinsburg, West Virginia, was driving a Ford F-350 pickup truck.
According to WFMD and Your4State.com, traffic had slowed down, and Largent failed to reduce his speed sufficiently in time to avoid striking the rear of the Liberty and also hitting Eric Funk’s Chevy Blazer. Funk is 48 and from Hagerstown, Maryland.
Largent and Funk were apparently not seriously injured.
Neither West Virginia nor Maryland has no-fault insurance. So if there is a claim here, then it would generally be based on a negligence.
If a case is brought in Maryland over this crash, the rule of “contributory negligence” applies, which means that a plaintiff who is at fault in any way cannot recover damages. What we have heard so far, though, makes it appear that neither Funk nor the Digiovannis were negligent. Largent might or might not be negligent. He was at fault if he was careless in not slowing down in time. But he may have a defense we are not aware of at this time. The point is that contributory negligence is probably not going to apply here.