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Who Is At Fault For A Pedestrian Accident In Maryland?


Seriously, have you ever wondered who was at fault when it came to a car hitting a pedestrian?
  Many of my clients have asked this question before.  Well, this insurance company for the driver will usually say it was the pedestrians fault.  So, please keep reading this Blog post if you or someone you know was recently hit by a car, so you know exactly how to handle this tragic event. 

Let me ask you, do you think it's possible for a pedestrian to be somewhat responsible for what took place while crossing the intersection?  Should the driver be held 100% responsible because he or she was distracted by looking at his or her smart phone? 

Maybe the driver was going over the posted speed limit?  Yet, are they both responsible for what happened?  Is neither party's guilt for the injuries sustained?

Prior to an insurance company adjuster deciding to cut a check for medical costs, they also want to know who was responsible for causing the accident in the first place.  Who did what to whom, is critical when deciding who was at fault.  

Classic Causes Of A Pedestrian Accident:

ü  Preoccupied driver

ü  Texting while driving

ü  Carelessly driving

ü  The driver was DUI (driving under the influence)

ü  Sidewalk was poorly maintained  

ü  No sidewalk for pedestrian to walk on

ü  Debris on sidewalks or in parking lot

ü  Pedestrian stepped directly in front of a moving car (inattentiveness)

ü  Jaywalking

Everyone Wants To Know Who Is At Fault?

That's the million dollar question!  This depends entirely on several key questions.   Was it the pedestrian who caused the accident by not paying attention; was it the driver of the car who struck the pedestrian, or the municipality or agency who is responsible for maintaining the sidewalk, parking lot, or roadway responsible for causing the accident to take place?

When someone else's negligence leads to, or has something to do with a pedestrian being hit by a moving vehicle, the injured pedestrian may receive compensation for:

1.     Damages for medical bills,

2.     Pain and suffering,

3.     P.T.S.D. (Post Traumatic Stress Disorder),

4.     Permanently disability,

5.     Disfigurement,

6.     Property damage,

7.     Loss of income,

8.     Loss of earning ability,

9.     Other losses related to the accident

If a victim wants to make a successful claim for injuries, they must first prove who was at fault for the improper action that led to those injuries.  To establish this you must first explain that the at-fault driver had a "duty of care".  In the next blog, we will discuss "duty of care".

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