When a pedestrian is at fault in a car accident in MarylandWritten by ruxandra
Many pedestrians fall victims to car accidents each year in the USA. Most of the times, it is the fault of the driver. But is it possible for a walker to be responsible for a pedestrian accident in Maryland? Are all the pedestrian injury claims in Annapolis valid, regardless of the circumstances? In this article, you will find out the answer to these questions, as well as what is means the right-of-way for pedestrians.
Situations where a pedestrian is partially responsible for the accident
Even though, under the US laws, pedestrians have the right-of-way in many situations, they also need to follow traffic rules. If they fail to do so, cases where pedestrians are at fault for causing accidents arise.
Jaywalking or crossing outside a crosswalk, in the middle of the street, is against the traffic regulations for pedestrians. As a result, if an accident happens in this situation, the pedestrian is at least partially responsible for the crash. Also, as any Annapolis injury lawyer will tell you, crossing against the traffic signal will make any pedestrian involved in an accident partially or completely responsible for their injuries. Another situation where a walker may be at fault in the case of a pedestrian – car accident is when they enter a highway or a street while intoxicated. If pedestrians walk in areas where pedestrian access is prohibited, such as bridges, highways or causeways and they cause a car accident, they are at least partially responsible for it.
Shared fault in Maryland
Your Annapolis injury attorney will tell you that, in most situations when the pedestrian was at fault for the accident, the drivers is also partially responsible. This is known as shared fault. It could be that the pedestrian crossed in the middle of the street, but the driver was also speeding or not paying attention to the road. Of course, there are situations when the driver has no fault whatsoever, but these are clear from a legal point of view. What happens when both the pedestrian and the driver share the blame for the accident?
In most of the states in the USA, this is known as comparative negligence. A pedestrian can receive compensation even if they are partially responsible for the accident, but the amount of compensation will be drastically reduced according to the percentage of fault their bear. When it comes to Maryland, though, your Annapolis injury lawyer will tell you that things are different here. Maryland is one of the four states in the USA where the term contributory negligence applies. A pedestrian personal claim in Annapolis or anywhere else in Maryland will be void if they share the slightest blame for the accident. This system is very straightforward. Either you have no fault whatsoever for the accident, and you get to receive compensation, or you are partially responsible, which means that you cannot recover any damage from the accident.
If you are not sure about the circumstances of the accident, the best idea is to contact a personal injury lawyer from Maryland. Only an excellent Annapolis injury attorney will be able to assess your situation correctly and let you know what chances you have at recovering compensation. Contact the best personal injury lawyer from Maryland at (443) 569-3950 or send us an email at [email protected] to receive a free assessment of your case.