Common Legal Issues in Pedestrian-Car Accidents

Everyone spends time as a pedestrian. Even if you own a car, you’ve likely had to park and then walk to a store or other venue. Because everyone can be a pedestrian, everyone should be aware of the dangers of pedestrian-car accidents. 

This article discusses some common causes of pedestrian-car accidents. It goes on to address many of the legal issues that arise in these claims. Finally, it explains how a Laurel pedestrian accident attorney can help. 

About Maryland Pedestrian Accidents

According to the Maryland Highway Safety Office (MHOS), nearly 3,000 Maryland pedestrians were hurt or killed in car accidents in 2023. Worse still, this number represented a significant increase from the numbers for previous years. 

• Where They Happen 

Pedestrian-car accidents are more common in urban areas than in rural areas. Relatedly, intersections are the most likely place for pedestrians and drivers to collide. Surprisingly, MHOS reports that nearly 15 percent of all pedestrian accidents in the state happen in parking lots. 

• When They Happen

While accidents with pedestrians occur at similar rates across all days of the week, crashes increase slightly on Friday and drop somewhat on Sunday. 

The time of day also plays a role. Accidents are most likely to occur during the times of day when pedestrians are most active. Lunch hours are common times, but the most dangerous times are 5:00 p.m. and 6:00 p.m. 

• Why They Happen 

Drivers can cause pedestrian-car accidents in several ways. One way is failing to yield at a crosswalk. Refusing to do so can lead to a crash. 

Other common driver behaviors that lead to pedestrian accidents include: 

• Distracted driving, 
• Speeding, 
• Making a turn or backing up without checking for pedestrians,
• Ignoring a red light or stop sign, 
• Driving under the influence, 
• Passing another car that has stopped for a pedestrian, 
• Driving without headlights, and 
• Driving while drowsy or fatigued. 

Common Injuries in Maryland Pedestrian Accidents

In pedestrian car accidents, the most likely parts of the body to be injured are, in order, the legs and feet, the head, the arms and hands, and the face and neck. Common injuries in pedestrian accidents include:  

• Fractures (especially to the femur (thigh bone), pelvis, tibia (shin), ribs, and arms, 
• Contusions (bruises),  
• Lacerations (cuts) and other wounds, 
• Concussions and other traumatic brain injuries (TBIs),  
• Sprains and strains, 
• Damage to internal organs, and 
• Spinal injuries. 

Legal Help After a Maryland Pedestrian Accident

If you were hit by a driver while crossing the street, you have the right to file a lawsuit. To win your claim, you’ll need to prove that the driver was negligent. You’ll show this by demonstrating that the driver had a duty to behave in a certain way, the driver did not, and the driver’s failure to do so caused your injuries. For example, Maryland law requires drivers to yield to pedestrians in crosswalks. If you can show that the driver who hit you didn’t yield and hit and injure you as a result, you may be able to prove negligence. 

If you prove negligence, you may be entitled to damages. Damages are money that injured people receive to compensate them for their accident injuries. In Maryland, damages typically cover medical bills, lost wages, and similar costs. You can also request damages for pain and suffering and other non-economic injuries. However, Maryland limits these damages, so you’ll need to discuss this topic with your Waldorf car accident attorney. 

Additionally, Maryland employs a rule known as contributory negligence. In contributory negligence states, an injured person who is even slightly responsible for causing the accident cannot recover damages. No matter how severe the accident, a person who is even one percent responsible for causing the accident will get nothing. In Maryland, pedestrian actions that might be considered contributory negligence include:

• Crossing the street outside of a marked crosswalk, 
• Crossing against a light (e.g., when cars aren’t ordered to stop), 
• Darting onto the road, 
• Entering the street from between two vehicles, 
• Walking in the street when sidewalks are available, 
• Walking while intoxicated, 
• Walking while distracted (e.g., looking at your phone instead of traffic), 
• Walking in the dark without reflective clothing. 

While contributory negligence is a harsh rule, there are exceptions to it. As such, it’s important to tell your Leonardtown car accident lawyer about any behavior on your part that might have led to the accident.

Do I Need a Lawyer If I Was Hit While Walking?

Yes. Winning a personal injury case can be difficult. To succeed, you’ll need legal help. An experienced Laurel personal injury attorney can stack the odds in your favor by: 

• Investigating your accident, 
• Countering any claims that you were at fault, 
• Negotiating a fair settlement for you and your family, and 
• Arguing your case in court, if necessary. 

If you need representation after a pedestrian-vehicle accident, contact The Law Offices of Thomas E. Pyles, P.A. Our team has the experience to achieve the results you need. To learn more about how we can help, use our online form or call 301-705-5006.