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Recovering damages after a pedestrian accident

On Behalf of | Jan 15, 2025 | PERSONAL INJURY (PLAINTIFF) - Personal Injury

Pedestrians, unlike passengers in motor vehicles, typically do not have anything protecting them from injury as they walk around. Therefore, it is no surprise that many pedestrians in Maryland are severely injured when they are struck by a motor vehicle. Many accidents involving pedestrians occur when the driver of a vehicle fails to exercise caution behind the wheel. This is considered a breach of duty and is referred to as negligence.

Pedestrian accidents can be caused by negligent drivers who:

  • Fail to yield the right-of-way to a pedestrian, particularly at intersections
  • Fail to pay attention or keep a proper lookout for pedestrians
  • Exceed the speed limit in an area or drive too fast for conditions
  • Drive while distracted

While drivers are often at least partially responsible for accidents involving pedestrians, the pedestrian may also be partially responsible. In many states, pedestrians will be able to recover damages even if they are partially at fault for the accident. However, under Maryland’s contributory negligence laws, pedestrians found to be even one percent liable for the accident may not recover any damages. Pedestrians may be at fault for an accident if they:

  • Jaywalk
  • Fail to follow traffic signals
  • Fail to cross within a crosswalk
  • Walk in unsafe areas not intended for pedestrians (e.g., along the side of a highway)

If the driver of the vehicle is found 100 percent at fault for the accident, the pedestrian may recover compensation by filing a personal injury claim against that driver. Pedestrians may be awarded economic and non-economic damages for their:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress

Maryland accident cases involving more serious injuries and financial harm (in excess of $75,000) will typically be heard in front of a jury in Circuit Court, while cases up to $30,000 will typically be heard in front of a judge in District Court.