Pedestrians may suffer traumatic, sometimes deadly, injuries as a result of being hit by a car. Given the busy nature of Frederick roads, pedestrian accidents occur more often than they should.
Car accidents involving a pedestrian are difficult, both legally and factually. You should turn to an experienced lawyer like those at Portner & Shure, P.A. when you want to pursue compensation and justice. For more than 30 years, we have helped people and their families navigate these difficult cases. Let us help you, too.
Contact us online or call our office at to hear more about how our legal team can assist you with your pedestrian accident claim.
Are Drivers to Blame for Pedestrian Accidents?
Given the extensive injuries pedestrians often suffer when involved in a pedestrian-vehicle collision, it may feel like motorists are always to blame. However, this is not always the case. If a pedestrian acted negligently and that negligence contributed to the accident, they may be barred from receiving compensation under Maryland law.
The scenario surrounding the accident, including the victim’s location, is an extremely important aspect of a pedestrian accident case. Drivers are required to stop for pedestrians at crosswalks. Drivers are also required to stop for a pedestrian at intersections when the pedestrian is on the part of the street where the vehicle is traveling. Generally, it is simpler to prove that the driver is at-fault if they drove through a red light, failed to yield, or did not stop at a stop sign.
An experienced Frederick pedestrian accident lawyer will be able to evaluate the circumstances surrounding your accident and determine your chances of bringing a successful claim. We can anticipate what the defense will try to argue and use it against them.
Potential Defenses in Pedestrian Accident Cases
Insurance companies bring experienced defense teams to fight pedestrian accident claims. The lawyers will try and use a variety of defenses to avoid being held responsible for any amount of damages.
Maryland abides by the doctrine of contributory negligence. Under this theory, if a victim contributed to the pedestrian accident, they cannot recover compensation. For example, contributory negligence may be asserted if someone entered a crosswalk when the “do not walk” signal was visible. Or, if the pedestrian failed to follow traffic laws.
Maryland law also permits the defense of assumption of the risk. Under this defense strategy, a victim may be barred from recovery if there is evidence that the victim knew the potential consequences, understood that risk, and voluntarily undertook the action despite the potential consequences. This defense arises in pedestrian accident cases if a pedestrian entered an intersection that did not have a crosswalk and failed to yield to oncoming traffic. It also may occur when someone is walking at night and tries to cross the road without making themselves fully visible. Also, this defense is frequently raised when a pedestrian was walking on the shoulder of a road or highway before getting hit.
Why Portner & Shure, P.A. Should Be Your First Choice
Pedestrian accidents are traumatic in most circumstances. An injured victim should not be required to fight for the compensation they deserve when they should really be resting. This is where an experienced Frederick pedestrian accident attorney like those on our team at Portner & Shure, P.A. becomes invaluable. We will work hard to ensure that we present your case in the best possible light so that you can obtain the recovery to which you are entitled.
For more than two decades, our law firm has provided respected legal representation for victims of pedestrian accidents throughout Maryland. A glance at our numerous five-star reviews will illustrate how our firm takes our responsibilities seriously and works hard on behalf of everyone we represent. We do not collect any legal fees unless we successfully secure compensation for you. We only win if you do!
