Columbia’s mixed-use neighborhoods blend residential areas with commercial districts and major thoroughfares. Pedestrians navigate crosswalks, sidewalks, and intersections daily, and despite careful attention to traffic, accidents happen. When a vehicle strikes a pedestrian, the injuries are often severe because pedestrians lack the protection that vehicle occupants have.
Pedestrian accidents create clear liability in most cases. Drivers have a legal duty to avoid striking pedestrians and to take evasive action when pedestrians enter the roadway. When drivers fail in this duty through negligence or recklessness, they bear responsibility for injuries caused.
If you were struck by a vehicle while lawfully using a crosswalk, sidewalk, or intersection in Columbia, Maryland, you deserve fair compensation from the driver’s insurance. An experienced pedestrian accident attorney can ensure you recover damages for medical bills, lost wages, pain and suffering, and permanent injuries.
Pedestrian Rights Under Maryland Law
Maryland law provides strong protections for pedestrians. Drivers must exercise reasonable care to avoid striking pedestrians and must yield the right-of-way to pedestrians in designated crosswalks. Pedestrians lawfully in a crosswalk have the right to cross against traffic signals if they properly judge that it is safe to do so, though they still have a duty to watch for approaching vehicles.
The concept of comparative negligence applies in Maryland. If a pedestrian bears some responsibility for the accident, they can still recover damages but the award is reduced by their percentage of fault. For example, if a pedestrian darting into traffic without looking is struck, they may be found 20 percent at fault. They can still recover 80 percent of their damages from the driver.
However, most pedestrian accidents involve clear driver negligence. A driver texting while driving, driving under the influence, or driving at excessive speeds has no valid defense even if a pedestrian’s actions contributed to the accident.
A pedestrian injured while jaywalking may have reduced recovery in some circumstances, but Maryland’s laws still provide protection. The driver has a duty to avoid striking even a jaywalking pedestrian if the driver can do so. learn more for common questions about pedestrian accidents.
Common Causes of Pedestrian Accidents
Distracted driving ranks high among causes. Drivers texting, using phones, eating, or adjusting entertainment systems do not see pedestrians until it is too late. A vehicle traveling at 30 miles per hour covers about 44 feet per second. At that speed, a distracted driver has minimal time to react.
Speeding reduces a driver’s ability to stop. Pedestrians misjudge the speed of approaching vehicles. A driver traveling 15 miles per hour above the speed limit dramatically increases the likelihood of striking a pedestrian and the severity of resulting injuries.
Driving under the influence impairs judgment, reaction time, and vehicle control. Alcohol and drug use are factors in many pedestrian accidents.
Failure to yield represents another common cause. Drivers making left turns sometimes fail to see approaching pedestrians in the crosswalk. Drivers making right turns on red lights sometimes fail to check for pedestrians.
Poor visibility due to weather, darkness, or obstructed views increases accident risk. Drivers have a duty to maintain control and visibility, including driving at reduced speeds in poor visibility conditions.
Defective vehicles with failed brakes or steering create danger. A manufacturer’s defective vehicle may share liability with the driver.
Aggressive driving including honking, revving engines, or deliberately intimidating pedestrians sometimes leads to accidents. Drivers have a responsibility to maintain safe behavior.
Injuries from Pedestrian-Vehicle Collisions
The human body is no match for thousands of pounds of moving metal. Pedestrian accident injuries are often severe. Leg fractures occur frequently as the front bumper strikes legs. Pelvis and hip fractures result from the impact force. Spinal injuries can result in permanent paralysis.
Head injuries are particularly concerning. Striking pavement with force often causes traumatic brain injuries, ranging from mild concussions to severe brain damage. Long-term effects include cognitive problems, personality changes, seizures, and chronic headaches.
Internal injuries including ruptured organs, internal bleeding, and spinal cord injuries may not be immediately apparent. Victims sometimes underestimate initial injury severity because adrenaline masks pain.
Soft tissue injuries including lacerations, abrasions, and contusions are common. Serious lacerations may require surgical repair and can leave prominent scarring.
Death occurs in some pedestrian accidents, creating wrongful death claims for surviving family members. Even when pedestrians survive, permanent disabilities often result from serious pedestrian accidents.
Your Pedestrian Accident Claim
After being struck by a vehicle, seek immediate medical treatment. Many injuries are not obvious at first but become apparent hours or days after the accident as swelling and inflammation develop.
Report the accident to police. A police report establishes an official record of the accident, the location, the date and time, and preliminary information about the driver and vehicle.
Obtain information from eyewitnesses including their contact information. Witness statements corroborate your account of how the accident occurred.
Take photographs of the accident scene if possible, including the roadway, traffic signals, and any skid marks. Photograph your injuries and any visible wounds.
Preserve evidence including the clothing you wore and any medications prescribed following the accident. Keep receipts for all medical expenses.
Obtain surveillance video from nearby businesses, traffic cameras, or residential properties. Video documentation of the accident can be invaluable evidence.
Document your injuries, pain levels, and limitations on activities in a daily journal. This becomes evidence of non-economic damages.
Medical records documenting your injuries and treatment are crucial. Follow your doctor’s treatment recommendations completely and maintain detailed records of all treatment.
Damages You Can Recover
Medical expenses are the foundation of your claim. This includes emergency room treatment, hospital stays, surgery, medications, physical therapy, and ongoing medical care.
Lost wages from time away from work are fully compensable. If your injuries prevent you from returning to work, lost earning capacity is included in damages.
Pain and suffering compensation recognizes the physical pain, emotional distress, and reduced quality of life. The more severe your injuries, the higher this component.
Permanent scarring or disfigurement, particularly visible scarring, receives substantial compensation. Reduced mobility, loss of limb function, or permanent disability significantly increases damages.
In cases where the driver acted recklessly, punitive damages may be available. This requires evidence that the driver knew of serious risks and disregarded pedestrian safety.
If the pedestrian is killed, surviving family members recover wrongful death damages including the victim’s lost earnings, loss of companionship and support, and funeral expenses.
Why You Need an Attorney
Insurance companies are sophisticated and experienced in minimizing pedestrian accident claims. They will argue that the pedestrian’s conduct contributed to the accident or that injuries were not as severe as claimed.
An experienced attorney investigates the accident independently, obtains surveillance video, interviews witnesses, and builds a compelling case for full compensation.
Your attorney negotiates with the insurance company and the driver’s attorney. You avoid direct contact with these adversaries and focus on recovery.
If settlement negotiations fail, your attorney pursues litigation. The possibility of a jury verdict often prompts insurance companies to reconsider their settlement position.
Moving Forward
Pedestrian accidents can change your life permanently. You deserve compensation that fully addresses your injuries, lost wages, and pain and suffering.
If you were struck by a vehicle in Columbia, Maryland or throughout the Baltimore area, contact Big Al for a free consultation. We handle pedestrian accident cases from investigation through settlement or trial. We understand the lasting impact these injuries have and are committed to obtaining fair compensation for your losses.
