Pedestrian Accidents in Waldorf, Maryland
Have you been injured in an accident while walking? If a driver was responsible, you are entitled to make a personal injury claim and seek compensation for your injuries (and for damage to personal property like clothes or possessions you were carrying when you were injured). To file a claim or find out if you have a claim after a pedestrian accident in Charles or St. Mary’s County, Maryland, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We are experienced and top-tier Maryland car, auto, and pedestrian accident attorneys. The call is free, and there is no obligation attached. We take cases on a contingency fee basis, which means there are no attorneys’ fees until we win.
Who is at fault in Maryland pedestrian/car accidents?
Under Maryland law, fault is determined by who caused the accident and breached his or her duties to others on the road. This is called the Law of Negligence. The four elements that must be proven are the existence of duty, breach of that duty, causation, and injury/damage.
In Maryland, every driver has a duty to be watchful/careful while driving and a duty to obey traffic laws. These duties also apply to pedestrians. However, typically, it is drivers who violate one or more of these duties. This is partly because there is a slightly higher duty of watchfulness for drivers who are in a larger, more massive, and mobile vehicle. Pedestrians have no metal or strong plastic to protect them from a crash, have a smaller visual “profile,” and are much more likely to die or sustain severe injuries. Thus, drivers must be more careful when pedestrians are using the roads.
So, when the driver’s breach of some duty is clear, then very likely, the driver will be held legally liable to fully compensate the victim for their injuries and property damage. This includes compensation for all medical expenses like ambulance charges, ER fees, costs of surgeries, hospital stays, medication, rehabilitation, etc. A victim can also recover for lost wages and income, pain and suffering, loss of normal life, disfigurement, loss of limb, disability, etc.
Cautions about contributory negligence
It must be noted, however, that the pedestrian cannot be even a little bit at fault for the accident. Under Maryland law, only the driver can be guilty in pedestrian/vehicle accident cases. Thus, if the pedestrian was walking in the middle of the street, that generally means that the victim cannot recover. But, if the pedestrian was clearly within a crosswalk, for example, crossing as indicated by the crossing signals, an accident caused will almost always be the fault of the driver of a car, motorcycle, truck, or other vehicle.
This is because Maryland is a strict contributory negligence State. That is, if the victim of an accident is partly at fault for the accident, then the victim recovers nothing. It is a harsh rule, without question. But that is Maryland’s law. Thus, since pedestrians must obey the traffic laws and since walking in the middle of the street is a violation of traffic laws, if a pedestrian is walking in the middle of the street and is hit by a car, the pedestrian is very likely to recover nothing as compensation.
That being said, whether a victim has “contributed” to his or her own injury is a question for the jury to decide. Call for a consultation.
Contact Waldorf, MD 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.
