As a pedestrian, you are owed a duty of care by any driver on the road. If a driver violates that duty and harms you, you can sue them for compensation.
Drivers have a duty of care that extends to other drivers, bicyclists, motorcyclists, and anyone else who might share the road, including pedestrians. In general, the driver’s duty is to adhere to local traffic laws and be responsible. Violating traffic laws and speeding, drunk driving, or ignoring a pedestrian’s right of way are all common causes of accidents and injuries. When this happens, our lawyers must gather evidence that confirms how the defendant breached their duty of care, causing the victim’s physical injuries and real damages. This can prove liability during a trial or convince the defendant to settle for a large amount out of court.
Call Rice Law at (410) 694-7291 to have our Maryland pedestrian accident lawyers assess your case for free.
Do Drivers Owe Pedestrians a Duty of Care in Maryland?
Drivers owe one another a duty of care to follow traffic rules and operate their vehicles responsibly. This duty extends to anyone sharing the road, including pedestrians on sidewalks or who might be crossing the street.
A driver’s duty of care owed to pedestrians includes observing pedestrians’ right of way at crosswalks and intersections, slowing down when approaching crosswalks, using headlights at night, following traffic signals, using caution in poor weather, and keeping a general lookout for pedestrians at all times. Furthermore, though pedestrians jaywalking could increase their risk of injury, drivers who have ample time to slow down and avoid hitting jaywalking pedestrians could be held fully liable for victims’ damages. This could be the case if the driver had the last clear chance to avoid the accident but failed to, despite Maryland being a pure contributory negligence state.
Drivers who do not uphold their duty of care could hit and seriously injure pedestrians. Many pedestrian accidents happen in crosswalks, increasing the risk of victims being pushed into oncoming traffic and suffering life-altering or fatal injuries. After an accident, our lawyers will prioritize identifying exactly how the at-fault party breached their duty of care, such as interviewing eyewitnesses present at the scene.
What Are Common Ways Drivers Breach Their Duty of Care and Injure Pedestrians in Maryland?
There are many ways drivers could be negligent and breach the duty they owe pedestrians, injuring them in the process. For example, drunk driving increases the chances of a driver speeding or being aggressive or reckless, endangering others sharing the road. Distracted driving is another top cause of these accidents and typically happens when negligent parties talk or text while operating their vehicles, failing to consider anyone else’s safety.
Driving Under the Influence
Driving under the influence of drugs or alcohol could cause catastrophic accidents, qualifying victims for substantial damages after suffering life-altering physical harm. When intoxicated, drivers might forget to turn on their headlights, preventing them from seeing pedestrians in front of them. Drivers might also act recklessly, speed, weave in and out of lanes, and cause multi-vehicle accidents that injure many, including nearby pedestrians. Drunk drivers have much slower reaction times and might fall asleep at the wheel, further endangering pedestrians and anyone sharing the road.
Speeding
Speeding through high-pedestrian-density areas in Maryland is another top cause of injuries. Drivers who speed around bends in the road might not be able to slow down when approaching a crosswalk, hitting pedestrians crossing the street. Drivers moving too fast might even lose control of their vehicles, running into pedestrians on sidewalks. Attempting to speed through yellow lights or ignoring stop signs are other common causes of pedestrian accidents at intersections in Maryland.
Distracted Driving
Even momentarily, taking one’s eyes off the road could cause a devastating pedestrian accident. Negligent parties who text and drive approaching intersections might hit pedestrians crossing the street. Distracted driving can take many forms, such as talking on the phone or turning around to speak to backseat passengers.
Proving a Driver’s Breach of Duty Caused a Pedestrian Accident in Maryland
To get compensation for pedestrian accident injuries, victims must prove negligent parties breached their duty of care. Our lawyers will preserve relevant evidence to confirm this to the jury in your case, helping us overcome the standard of proof for civil lawsuits.
In accident lawsuits, plaintiffs must prove it is more than likely the defendant owed them a duty of care that they breached, causing the plaintiff’s injuries and damages. To establish the duty of care was present, our lawyers can submit evidence showing the defendant was operating their vehicle and was involved in the specific accident. Proving their exact negligent act and that it caused your injuries will require additional evidence, like eyewitness statements and medical records. Not only can eyewitnesses confirm how the defendant was negligent, but they can also confirm that you did nothing to contribute to the accident. Maryland’s pure contributory negligence rules block compensation for anyone who contributes to their injuries, so offering evidence that refutes these potential arguments from the defense is crucial.
In addition to eyewitness testimony, we may also present video evidence acquired from local surveillance cameras. Depending on its scope and clarity, video footage could show the at-fault driver being negligent and striking you as a pedestrian. To ensure we preserve footage and other photographic evidence, our Baltimore pedestrian accident lawyers will contact the owners immediately on your behalf.
Videos and photos can help prove you were injured at the scene, and your continued medical records can confirm the specific injuries you sustained. In addition to proving negligence and breach of duty, our lawyers will submit poof of your economic and non-economic damages to help ensure your fair recovery.
Call Our Maryland Injury Lawyers to Discuss Your Pedestrian Accident
Call Rice Law today at (410) 694-7291 to have our Dundalk pedestrian accident lawyers evaluate your case for free.