Although they seem like everyday acts, going for a jog, walking alongside the road, or even crossing the street can become dangerous situations if a negligent driver fails to yield to a pedestrian. By default, pedestrians are at a higher risk of significant injury as they are unprotected. An accident involving a pedestrian can be devastating, and in the worst of scenarios, fatal.
If you were injured in an accident, it is important to receive sound legal counsel that can guide you through the process. Since Maryland is a contributory negligence state, the victim is often at a disadvantage in their path to recovery. That is where our team comes in. The attorneys of Holzman and Associates have experience successfully defending the rights of pedestrians involved in an accident and will fight hard to protect you or your loved one.
Unfortunately, following an accident, insurance companies will try to take advantage of you and push for a settlement well below the compensation you deserve. Our litigators are familiar with their tactics and have a track record of ensuring our clients are fairly compensated for their pain and suffering. We will shoulder the legal burden and focus on building your case as you concentrate on your health.
What Constitutes A Pedestrian Accident?
The state of Maryland defines a pedestrian as someone traveling on foot near or on a roadway. This broad definition can apply to a variety of scenarios, but the important distinction is that a pedestrian does not use an alternative form of transportation such as a bicycle. It is important to note that pedestrians are responsible to travel along a sidewalk if one is present or on the side of a roadway and safely out of the danger of traffic. While the law states that pedestrians should travel on the left side of the road if no sidewalk is present, failure to do so does not automatically constitute Contributory Negligence.
Please visit our Bicycle Accidents page if you were injured while riding a bicycle or would like to view additional information.
What Is Contributory Negligence?
Under Maryland law, if a pedestrian is even partially responsible for the accident, by jaywalking, for example, they may be denied the ability to collect damages. Even if the driver is predominantly at fault, if the pedestrian contributed to the accident through their neglect, whether it be by texting, stepping out into traffic at an improper place, or some other form of fault, they may not have grounds to make a claim.
Often, the defendant and insurance companies will fight hard to put a portion of the blame on the victim to avoid paying a settlement. Our talented litigators will work hard to factually dispute their claims and protect your right to pursue damages.
Common Causes of Pedestrian Accidents
Unfortunately, accidents involving a pedestrian are all too common throughout the state of Maryland. While a variety of factors can contribute to an accident, the most common causes include:
- Texting or talking on the phone while driving
- Speeding or driving in a reckless or negligent fashion
- Obstructions or construction blocking the safe walking path
- Driving under the influence of drugs or alcohol
- Failure to obey traffic signs
- Distracted driving/looking away from the roadway
What We Use To Build Your Case
As your attorneys, we will develop a legal strategy that proves, through evidence, that the driver was at fault and solely responsible for the accident. We begin with a consultation with you to gather information about your case and get a complete understanding of how your accident transpired. We then diligently collect information that can be used as evidence. This often includes:
- Statements from witnesses
- Video or photographs of where the accident took place and factors, such as a faulty traffic signal, that may have contributed to the accident
- Photographs of other details such as skid marks or an obstruction to the walkway
- Any dashboard footage that may show the accident taking place
- Cell phone records to determine if the driver was on the phone at the time of the accident
Call For A Consultation—We Can Come To You
We are happy to offer a consultation so we can discuss your case and identify the best course of legal action. Our attorneys have the pedestrian accident expertise needed to help you and your loved ones receive the damages you may be owed and enable you to resume living your life. Please call our office at 410-539-4222 or contact us online to schedule a consultation.
For more than 50 years, Holzman & Dickriede Attorneys at Law has obtained substantial verdicts and settlements for injury victims throughout Maryland. Ask around about us!