Pedestrians at fault in a car accident in Columbia, Maryland – What to do?Written by ruxandra
A lot of pedestrians are injured in car accidents each year in the US. In most cases, the fault falls on the vehicle driver. But in a few cases, the pedestrian is at fault in a car accident in Columbia, Maryland. What happens in this case? Is the pedestrian injury claim still valid? This article will answer to a series of questions you may have and will explain what it means the right-of-way. You can also contact your personal injury lawyer from Columbia, Maryland, to help you with your case.
When pedestrians are partially responsible
Even though according to the law pedestrians have the right-of-way in most situations, they also have to obey the traffic rules. Failing to do so will most likely cause an accident and you will have to get the help of a Columbia injury lawyer to determine how to reduce your penalties.
Jaywalking (outside a crosswalk and in the middle of the street) is considered against all traffic regulations. This means that if a crash happens due to jaywalking, the pedestrian will be partially responsible for the accident. Your personal injury attorney from Columbia, Maryland will also tell you crossing against the traffic signal may involve a partial or complete responsibility for the vehicle crash. Another scenario where the pedestrian is at fault is when they enter the streets intoxicated. If a pedestrian also walks in an area where the access is prohibited for pedestrians (such as highways and certain bridges) and they cause an accident, then they will be found partially responsible for the crash. You can ask your Columbia injury attorney for more information about this.
Shared fault in Columbia, Maryland
Your personal injury attorney from Columbia, Maryland, knows that in most situations when the pedestrian was found responsible for the crash, the drivers implicated will also be found partially responsible. Legally, this is referred to as shared fault. For example, the pedestrian may have crossed the road in the middle of the street, but it is also possible that the driver was speeding and not paying enough attention to the road. There are situations when the driver was not at fault whatsoever, but the defense’s Columbia injury lawyer will still try to make the driver responsible.
When the driver and pedestrian share the blame
In most US states this is known as comparative negligence. As a result, the pedestrian involved in the accident may receive compensation even though they were partially responsible. But the amount of this compensation will be reduced drastically in direct relation to the percentage of their fault. However, in Maryland, things are a little different. Maryland, along with three other USA states, are the only states where the contributory negligence applies. This means that if a pedestrian shares the slightest blame for the crash, then their claim will be void. It is either you have no fault and receive compensation or be partially at fault for the accident and receive nothing, even if you have the best Columbia injury attorney on your side.
For more information about pedestrian-vehicle crashes contact the best personal injury lawyer from Columbia, Maryland, at (443) 569-3950 or send an email at [email protected].