Maryland Car Accident Attorney Blog
More often than not, pedestrian accidents occur when a driver strikes a pedestrian with their vehicle. Pedestrians accidents can have a number of causes, but they often result from a driver’s negligent behavior. When a pedestrian suffers injuries from a negligent driver, they may be able to bring a personal injury lawsuit to seek compensation for their harm.
For example, a recent news article reported a fatal pedestrian accident in Rockville, Maryland. The pedestrian was crossing a road known for speeding when two drivers, both traveling eastbound, struck her. Sadly, the pedestrian died at the scene. Both cars also suffered damage, but the drivers were unharmed.
What Are the Causes of a Maryland Pedestrian Accident?
Pedestrian accidents may result from several different causes. First, perhaps the most obvious cause is a driver’s negligence. A driver may be distracted, talking on the phone, or under the influence of drugs or alcohol, all of which take a driver’s attention from the road. As a result, they may not see a pedestrian crossing the street until it is too late. In addition to the driver’s behavior, a pedestrian might fail to use a designated crosswalk or abide by traffic signals. If drivers are not expecting to encounter a pedestrian, they may not stop in time to avoid hitting the pedestrian. Moreover, some pedestrian accidents occur due to outside factors, such as low lighting, inclement weather, brake failures, or a lack of crosswalks. Under these conditions, drivers and pedestrians alike should take extra precaution to avoid an accident.
Can You Recover Damages If You Were Partially at Fault?
In Maryland, you cannot recover damages if you were partially at fault for your pedestrian accident, even if the driver who struck you was more at fault. Maryland is one of the few states that has adopted a contributory negligence theory of recovery. Under contributory negligence, if you are even 1% at fault for an accident, you cannot recover any damages in a negligence lawsuit against another party. The majority of states allow accident victims to recover damages if their share of fault is less than or equal to that of the defendant, though most states reduce an at-fault plaintiff’s damages by their degree of fault. Due to Maryland’s strict rules for recovery, the defendant in a personal injury lawsuit will often argue that you were at fault for the accident. An experienced Maryland personal injury attorney can help you make the strongest possible legal argument that you were not at fault.
Have You Been Injured in a Maryland Pedestrian Accident?
If you or a loved one has suffered harm in a Maryland car accident, contact the experienced personal injury attorneys at Lebowitz & Mzhen for immediate assistance. We represent accident victims throughout Prince George’s, Charles, Baltimore, and Montgomery County. Our attorneys understand that car accidents can lead to severe physical, emotional, and financial injury. Through our compassionate and skilled representation, we have recovered significant damages awards for our deserving clients. To speak with a Maryland personal injury attorney on our team, call us for a free initial consultation at 800-654-1949.