Pedestrians face higher risks of injury on roads, especially in high traffic areas. According to the Maryland Department of Transportation, around 3,500 pedestrians get injured or killed in traffic accidents each year. Pedestrian accidents can be caused by various reasons like reckless driving, speeding, and failure to yield by the driver. Here are some Maryland personal injury laws that apply to pedestrian accidents.
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Duty of Care Laws in Maryland
All road users, including drivers and pedestrians, have a “duty of care” when driving or crossing the road. They should act responsibly to prevent injuries to other drivers and pedestrians. In Maryland, the law demands that drivers yield to pedestrians at marked crosswalks or intersections. If there’s no marked crosswalk, drivers should still give pedestrians the right of way.
Comparative Negligence Laws in Maryland
Accidents are more often than not a combination of factors, and the fault cannot always be assigned entirely to one party. As per Maryland law, accident victims who contribute to their injuries by their own negligence can still recover compensation, only if they are less than 50% responsible for the accident. Maryland follows comparative negligence laws, which reduce the compensation awarded based on the percentage of fault assigned to the victim.
Statute of Limitations in Maryland
The statute of limitations is a deadline set by the state, beyond which lawsuits cannot be filed. In Maryland, personal injury claims must be filed within three years of the accident. However, some circumstances may extend or shorten this period, such as when the victim is a minor. It’s best to consult with an experienced personal injury attorney who can guide you through the process.
Maryland’s No-Fault Insurance Laws
Maryland is a no-fault insurance state, which means that drivers involved in a pedestrian accident must seek damages from their own insurance providers, regardless of who was at fault. Pedestrians in Maryland who have no car insurance can get Personal Injury Protection (PIP) covered under the other driver’s car insurance. However, there are some situations when car insurance might not be mandatory, in which case the pedestrian can file a personal injury lawsuit against the driver.
Damages Available in Maryland Pedestrian Accident Cases
Pedestrians who suffer injuries in a road accident can get compensation for their damages, including medical expenses, lost income, property damage, and pain and suffering. Maryland law allows for both economic and non-economic damages in personal injury claims. It’s essential to consult with an attorney to ensure you get the full compensation you are entitled to.
Getting Help from an Experienced Maryland Personal Injury Attorney
Pedestrian accidents in Maryland can be challenging to navigate, given the many legal factors involved. If you or someone you know has been involved in a pedestrian accident, it’s critical to hire an experienced personal injury attorney. An attorney can help you understand your rights, investigate your case, and negotiate with insurance companies to ensure you receive the compensation you deserve.
The laws concerning pedestrian accidents in Maryland are complex. With the help of an experienced attorney, you can protect your rights and recover the compensation you deserve. Contact a Maryland personal injury attorney today to get the legal help you need.