FAQs About Pedestrian/Vehicle Accidents in Charles County, Maryland
Maryland has an information program aimed at lowering the fatalities that occur when pedestrians are involved in motor vehicle crashes. See the ZeroDeathMD website here. Given that flesh, bone, and blood have little defense against metal and machine, a great many fatalities occur in these types of accidents. Indeed, at the relatively low speed of 40 miles an hour, nearly 80% of pedestrians hit by motor vehicles die from their injuries.
If you are injured in such an accident — or a family member is killed — you will need to call experienced and dedicated Maryland personal injury lawyers. Call us here at the Law Office of Robert Castro at (301) 870-1200. Under Maryland law, generally, the driver of the motor vehicle will be “at fault.” As such, the driver or their insurance carrier will be liable to pay full compensation for the injuries caused and for any death that results. Here are a few answers to FAQs about pedestrian/car accidents.
Why are car and truck drivers usually at fault in Maryland pedestrian accidents?
All drivers have a duty to keep careful watch to avoid injuring those using the roads. This is a duty that every driver has, and this duty is increased when pedestrians are nearby. This most certainly involves the duty to slow down and be even more careful. Further, when pedestrians are in marked walkways and crossing streets at corners and traffic signals, drivers are almost always at fault if there is an accident.
Can the pedestrian ever be at fault?
Yes. If a pedestrian is walking in the middle of the road, which is unlawful, the pedestrian can be legally deemed at fault. But that does not end the inquiry. If the driver saw the pedestrian and could have avoided hitting them and causing injury or death, the driver had an obligation to do so. Failure to do so likely makes the driver “at fault.”
What should be done after a Maryland pedestrian accident?
The pedestrian should seek immediate medical care and attention. Call an ambulance. Pedestrian accidents involving motor vehicles are never minor in terms of injury. Even a “slow” impact can cause serious injuries like traumatic brain injury and damage to the spine, neck, muscles, and bones.
What legal causes of action are available to an injured pedestrian?
Under Maryland law, a person injured because of the negligent driving of another is entitled to recover compensation for all expenses and suffering. These include recovery for:
- Medical expenses
- Lost wages and income
- Pain and suffering
- Fear and apprehension leading to the accident
- Emotional damages
- Disability
- Loss of limbs or loss of function
- Disfigurement
What legal causes of action are available if the pedestrian dies?
If the victim is injured after being hit by a motor vehicle but then dies later, the victim has a cause of action called a “survival action.” That legal case would be filed by their estate. The compensation would be for the pain and suffering that occurred from the time of the accident to the victim’s death. The estate could also recover for the victim’s fear and apprehension of imminent harm.
For the family of the victim, some members of the family would have wrongful death claims for various losses, including loss of companionship, loss of support, loss of consortium, etc.
Contact Waldorf Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
