Auto Insurance Claims: Maryland and contributory negligence, local news papers, contributory negligence

Question
I was involved in an intersection crash in Maryland. I had the stop sign but could not see because of line of sight obstruction at the intersection. After stopping at the stop sign and making every attempt to observe any traffic I crossed the intersection and was struck by a speeding vehicle. I was issued a ticket for failing to yield the right of way. The owner of the building with the obstructions agrees there was an obstruction and has taken corrective action. The Town Council agrees that there was an obstruction and has gone on record in writing stating that the intersection is a danger because of the obstruction. Two witnesses have come forward stating that they observed the entire crash and that the other vehicle was speeding more than 30 MPH over the posted speed limit. My ticket was dismissed and there where several news articles written in our local news papers about the danger at this intersection because of the line of sight obstructions. My ticket was dismissed. Yet the insurance company of the person who struck my vehicle will not accept my claim. They state: "The State of Maryland is a contributory negligence state. What it means is that in the State of Maryland 1% contributory negligence is sufficient to bar you from making any claim. In this instance, we determined that you were more than 1% contributory negligent. We believe you were the sole proximate cause of the accident because you had a stop sign and as such you had a greater duty of care on the public highway." I do not agree with this because I did stop at the stop sign and yield to all vehicle that I could see. The crash took place because my line of sight was obstructed and the other party was speeding. Is there anything I can do at this point. Thank you.  

Answer
Hi Rick,

You can file the claim with your own insurance company. If they feel you have a case, they may file for arbitration. If you win the arbitration and the arbitrators find the other person 100% at fault, then your insurance company would be reimbursed. The only other option would be to file a law suit against the other driver. You would have to bring all of your witnessess, news articles, etc. If the judge finds the other driver 100% at fault then his insurance company would have to pay.

The problem with both of these is that even with the obstruction it could be said that you may have contributed to the accident by not using extra caution in light of the obstruction. Even though the other driver may have been speeding, he did have the right of way. It may be difficult for someone to not find you at least 1% at fault.

I hope this helps
Richard Hixenbaugh