Pedestrian collisions occur when walking people are hit by drivers who are preoccupied, thoughtless, or downright negligent. Sadly, pedestrian accidents occur consistently in Salisbury due to the many congested roadways throughout the Eastern Shore. In many cases, pedestrians suffer from significant and potentially fatal injuries. To compound this terrible situation, the laws governing these types of claims are challenging and confusing.
If you or a family member were injured in a pedestrian accident, you should count on an experienced attorney to help. Reach out to the litigation team at Portner & Shure, P.A. as soon as possible. For more than 30 years, our attorneys have successfully advocated on behalf of injured victims throughout Maryland. We have the experience, resources, and skill to fight for the rightful compensation you and your family are owed.
Call us today at or contact us online to request a free and confidential consultation.
Why Do Pedestrian Accidents Happen?
Accidents involving a motorist and someone walking typically happen at busy intersections, crosswalks, and unmarked street crossings. These calamities occur because of a driver’s failure to maintain the appropriate speed for the circumstances, failure to maintain a proper lookout, failure to obey traffic signals, or failure to yield to a pedestrian.
Based on our 30 years of experience, the most common causes of pedestrian accidents include:
- Distracted driving (e.g., texting, applying makeup, helping children)
- Driving while under the influence
- Speeding
- Failing to yield the right-of-way to pedestrians
- Violating traffic laws/rules of the road
- Tired drivers
- Failing to stop at red lights or stop signs
- Going through a red light
- Failing to obey traffic control devices (signs and lights)
Pedestrian Accident Law in Maryland
Maryland law requires those driving a car to operate it in a reasonably safe manner. This includes paying attention to their surroundings and maintaining the appropriate speed. Maryland also has specific laws applicable to pedestrian accidents.
If available, pedestrians should use the sidewalk. Further, to the extent possible, pedestrians should cross at intersections or marked crosswalks. Pedestrians are responsible for looking both ways before crossing the street and acting as a reasonable person under the circumstances. Both pedestrians and drivers have an obligation to observe their surroundings.
Litigation & Defenses in Pedestrian Accident Cases
Given the strict laws pertaining to pedestrians, there are many potential defenses that the insurance company may assert. While it may sound unbelievable, it is true that it is not enough to be hit by a car to succeed in a lawsuit.
The plaintiff (the person bringing the personal injury action) must prove all of the elements of their case by a preponderance of the evidence (i.e., 51%). In a pedestrian accident, the victim must prove that the driver caused the accident and injured them. As such, the location and details surrounding the collision are extremely important.
Maryland is within the small minority of states that continue to utilize the defense of “contributory negligence.” Under this affirmative defense, a personal injury victim cannot recover if the at-fault party produces evidence that the victim acted negligently, and their negligence contributed to the injuries they sustained.
The defense of contributory negligence is consistently asserted in pedestrian accident cases and has the potential to destroy a victim’s recovery. Drivers allege that the victim pedestrian was distracted or crossed the street while a red “do not walk” traffic signal was present. Thus, to bring a successful action, a thorough review of the circumstances surrounding the incident is required. Given the myriad of factors and potential defenses, an injured pedestrian should immediately seek the services of an experienced Salisbury pedestrian injury attorney.
Injuries in Pedestrian Accident Cases
Accidents between a car and someone walking oftentimes result in terrible and painful injuries, such as:
- Spinal cord injuries
- Brain injuries (concussions)
- Broken bones (broken arms and broken ribs)
- Back injuries
- Concussions
Sizable injuries of this nature may result in lifelong pain and limited mobility. Depending on the severity of the incident, these injuries may result in the victim being unable to return to work.
Under Maryland law, victims in pedestrian accidents can obtain compensation for both economic and non-economic damages. Economic damages include items such as medical expenses and lost wages. Non-economic damages pertain to the pain and suffering the victim endured due to the accident.
Trust the Lawyers at Portner & Shure, P.A.
The experienced and knowledgeable attorneys at Portner & Shure, P.A. have successfully represented victims of pedestrian accidents for more than 30 years. We recognize the exceptional challenges facing you and your family, and we know how to advocate on your behalf. We will work tirelessly on your case so that you can focus on your recovery.
We have earned a reputation among insurance companies for our aggressive advocacy. Our track record of success supports our refusal to back down in even the toughest of circumstances. Our consistent commitment to excellent customer service is best illustrated in our countless five-star reviews from prior clients.
When you work with Portner & Shure, P.A., you do not owe any attorneys’ fees unless we successfully obtain a settlement or judgment on your behalf. We also provide free initial consultations, so there is no harm in reaching out to our team about your potential case.
Contact Portner & Shure, P.A. today at to request a free, confidential consultation.
