Determining Liability in Pedestrian Accidents

In the busy urban environments of Maryland and Washington D.C., pedestrian accidents are not uncommon occurrences and often have catastrophic consequences. The Maryland Department of Transportation (MDOT) reports that pedestrian fatalities accounted for 23% of all traffic fatalities in Maryland in 2022.[1] Metropolitan areas tend to have higher incidences of pedestrian-involved crashes: MDOT reports that 92% of pedestrian-related crashes between 2017 and 2021 occurred in the Baltimore and Washington metropolitan areas.[2]     

The aftermath of pedestrian accidents can be complex, involving legal intricacies in determining fault and liability. This guide delves into the specifics of how liability is established in pedestrian accidents within these regions, shedding light on legal principles, key factors influencing fault, and the role of legal representation. 

Understanding Liability

Liability, in the context of pedestrian accidents, refers to the legal responsibility one party has for the damages and injuries suffered by another. In Maryland and D.C., determining who is liable is crucial because it affects who will bear the financial burden of medical bills, lost wages, and other related costs. Essentially, liability establishes who is at fault and therefore obligated to compensate the injured party.

Types of Liability (Civil vs. Criminal)

When it comes to pedestrian accidents, liability can be categorized into two main types: civil and criminal.

• Civil Liability: This involves a private dispute between individuals or entities where one party claims to have been harmed by the actions or negligence of another. In pedestrian accident cases, civil liability typically results in the responsible party having to pay damages to the injured pedestrian. Civil cases are usually resolved through settlements or court judgments, and they focus on compensating the victim.

• Criminal Liability: This type of liability arises when the responsible party has violated a law that prohibits certain behavior, such as driving under the influence or reckless driving. Criminal liability is pursued by the state and can result in penalties like fines, community service, or imprisonment. In some cases, a driver involved in a pedestrian accident might face both civil and criminal charges.

Basic Principles of Liability in Pedestrian Accidents

• Duty of Care: In Maryland and D.C., both drivers and pedestrians owe a duty of care to each other. This means they are legally obligated to act in a manner that does not cause harm to others. For drivers, this includes obeying traffic laws, driving at a safe speed, and being vigilant for pedestrians. For pedestrians, this means following traffic signals, using crosswalks, and staying aware of their surroundings.
• Breach of Duty: A breach of duty occurs when either a driver or a pedestrian fails to uphold their duty of care. For drivers, this could involve actions like speeding, running red lights, or driving while distracted. Pedestrians breach their duty when they jaywalk, ignore traffic signals, or walk while distracted by devices. Establishing a breach of duty is crucial in proving liability in pedestrian accidents.

• Causation: Causation links the breach of duty to the accident and the injuries sustained. There are two aspects to consider:

• • Actual Cause (Cause in Fact): This refers to the direct cause of the accident. For example, if a driver runs a red light and hits a pedestrian, the driver’s action is the actual cause of the accident.
  • Proximate Cause (Legal Cause): This goes beyond mere causation and considers the legal consequences of the defendant’s actions. Proximate cause considers factors such as foreseeability, intervening events, and the scope of the risk to determine whether the defendant should be held liable for the resulting harm.

• Damages: Damages refer to the compensation sought by the injured party. In pedestrian accidents, damages can include:

• • Medical Expenses: Costs for treatment, hospital stays, rehabilitation, and future medical care.
  • Lost Wages: Compensation for the income lost due to the inability to work during recovery.
  • Pain and Suffering: Monetary compensation for physical pain and emotional distress caused by the accident.
  • Loss of Enjoyment of Life: Damages for the reduced ability to enjoy daily activities and hobbies.

Factors Affecting Liability

Determining liability in pedestrian accidents can be complex, involving various factors that contribute to the incident. Both drivers and pedestrians have responsibilities to ensure safety, and breaches on either side can influence liability. Additionally, environmental and external conditions play a crucial role. Understanding these factors is essential for a comprehensive evaluation of fault in pedestrian accidents. Here’s an overview of driver-related, pedestrian-related, and environmental factors that may impact liability:

Driver-Related Factors

• Speeding
• Distracted driving (e.g., using a phone)
• Driving under the influence of alcohol or drugs
• Traffic signal violations (e.g., running red lights)
• Failure to yield right of way to pedestrians
• Aggressive driving behaviors (e.g., tailgating, weaving through traffic)

Pedestrian-Related Factors

• Jaywalking (crossing outside of designated crosswalks)
• Ignoring traffic signals (crossing against a red light)
• Walking under the influence of alcohol or drugs
• Distracted walking (e.g., using a phone while crossing)
• Failing to use pedestrian signals or crosswalks properly
• Wearing dark clothing at night, reducing visibility

Environmental and External Factors

• Poor lighting or visibility conditions
• Adverse weather conditions (e.g., rain, snow, fog)
• Road conditions (e.g., potholes, uneven surfaces)
• Construction zones causing detours or obstructions
• Malfunctioning or missing traffic signals and signs
• High pedestrian traffic areas (e.g., near schools, events) causing congestion and confusion

Determining Fault

Establishing liability in a pedestrian accident requires careful evidence collection and an understanding of negligence laws. Here’s how to gather necessary evidence and navigate the principles of comparative and contributory negligence:

Gathering Evidence

To establish liability in a pedestrian accident, it’s crucial to gather comprehensive evidence. Here are key types of evidence:

• Police Reports: Obtain the official accident report from law enforcement. This document often contains critical details and observations from the scene.
• Witness Statements: Collect contact information and statements from any witnesses. Their accounts can provide valuable insights and support your version of events.
• Surveillance Footage: Look for video evidence from nearby cameras, such as traffic cameras, security cameras from businesses, or even dashcams. Footage can visually demonstrate what occurred.
• Accident Reconstruction: In complex cases, experts may recreate the accident scene to analyze the events leading to the collision. This can help clarify the sequence of actions and pinpoint fault.

Comparative and Contributory Negligence

Understanding how negligence laws work in Maryland and D.C. is crucial for determining liability:

• Comparative Negligence: This principle allows for the allocation of fault between both parties. For instance, if a pedestrian is found to be 30% at fault and the driver 70%, the pedestrian’s compensation would be reduced by their percentage of fault. While D.C. follows a comparative negligence system in determining liability in personal injury cases, including pedestrian accidents, Maryland does not. 
• Contributory Negligence: Under this stricter rule, if the pedestrian is found to have contributed in any way to the accident, even slightly, they may be barred from recovering any compensation. Maryland follows this principle, making it particularly challenging for pedestrians in this state to claim damages if they share any blame for the accident.
• State-Specific Laws: Maryland and D.C. have specific legal standards and nuances that impact negligence claims. Understanding these local laws is essential for effectively navigating the legal process and ensuring fair evaluation of fault.

Legal Process and Representation

Navigating the legal aspects of a pedestrian accident involves critical steps and considerations. From filing a claim to securing legal representation, understanding the process is key to achieving a favorable outcome. Here’s a concise overview of how to approach the legal process and the importance of having legal representation in pedestrian accident cases:

Filing a Claim

• Steps to Take Immediately After the Accident:
  • Seek medical attention for injuries and ensure your safety.
  • Report the accident to the police and obtain a copy of the accident report.
  • Collect contact information from witnesses and gather evidence at the scene, such as photos or videos.
  • Notify your insurance company about the accident.
• Importance of Medical Records:
  • Keep detailed records of all medical treatments related to the accident, including doctor visits, prescriptions, and therapies.
  • Medical records serve as crucial evidence to support your claim for damages.
• Contacting Insurance Companies:
  • Inform your insurance company about the accident promptly.
  • Be cautious when discussing the accident with insurance adjusters, and consider consulting with a lawyer before providing detailed statements.

Role of Legal Representation

Legal representation plays a crucial role in pedestrian accident cases. By hiring an experienced attorney, such as those at Henderson Law, you gain a strong advocate who can navigate the complexities of the legal system on your behalf. A lawyer specializing in pedestrian accidents can assist in proving liability by gathering evidence, analyzing the case, and presenting persuasive arguments. They can also handle negotiations with insurance companies and pursue maximum compensation for your injuries and losses. Additionally, if a settlement cannot be reached, your attorney can advocate for you in court, ensuring your rights are protected throughout the legal process.

Case Study Examples

Here are a few examples that illustrate how liability is determined in pedestrian accidents:

Driver’s Fault
In this scenario, a pedestrian named Sarah was crossing a designated crosswalk with the walk signal when a driver, John, failed to yield and struck her. Sarah suffered significant injuries, including broken bones and a concussion. The police report and witness statements clearly established that John was speeding and distracted by his phone at the time of the accident. As a result, John was deemed fully liable for the accident, and Sarah was able to receive compensation for her medical expenses, lost wages, and pain and suffering.

Pedestrian’s Fault
In another case, a pedestrian named Michael was crossing the street outside of a designated crosswalk, against a red signal, when he was hit by a driver, Lisa, who was obeying all traffic laws. Despite Lisa’s attempts to brake, she couldn’t avoid the collision. The police report and surveillance footage confirmed that Michael was at fault for jaywalking and ignoring traffic signals. As a result, Michael was found partially liable for the accident, and his compensation was reduced based on his percentage of fault.

Determining liability in pedestrian accidents involves a careful examination of various factors such as duty of care, breach of duty, causation, and damages. Driver-related, pedestrian-related, and environmental factors can significantly impact the outcome of liability determinations. Gathering evidence, understanding negligence laws, and seeking legal representation are essential steps for anyone involved in a pedestrian accident in Maryland and D.C. By following proper procedures and obtaining legal support, individuals can better navigate the legal process and pursue fair compensation for their injuries and losses.

Contact Henderson Law today for experienced legal representation tailored to pedestrian accident cases in Maryland and Washington D.C. Our team specializes in navigating the complexities of liability determinations and advocating for your best interests. Don’t face the legal process alone; let us help you secure the justice and compensation you deserve.

Contact us 24/7 at (410) 721-1979 or fill out this contact form to schedule a no obligation consultation. Your first step toward a favorable outcome starts with Henderson Law.