Who Is At Fault for a Pedestrian Accident?

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pedestrian walking street

By definition, a pedestrian accident is a type of auto accident that happens between an individual in a motor vehicle and an individual who is not in a motor vehicle (i.e., an individual who is on foot). Different traffic scenarios may make different liable parties for pedestrian accidents. In other words, blame is assigned on a case-by-case basis. Read on to discover who is potentially at fault and how a seasoned St. Mary’s County pedestrian accident lawyer at The Dorsey Law Firm can help you hold them accountable for your injuries.

Who is potentially at fault for a pedestrian accident?

Contrary to what many initially assume, the dynamic of a pedestrian accident may be different than a negligent motor vehicle driver striking a pedestrian who is crossing the street. While this is what commonly occurs, there may be other circumstances that involve other parties who may be potentially at fault. Examples are as follows:

  • An at-fault motor vehicle driver of a pedestrian accident:
    • A motor vehicle driver may not slow down when turning at an intersection, and then strike a standing pedestrian when they lose control.
    • A motor vehicle driver may ignore a “no turn on red” sign, and then strike a pedestrian who begins to exit the designated standing area.
  • An at-fault motorcyclist/bicyclist of a pedestrian accident:
    • A motorcyclist might weave in and out of lanes in traffic, and then strike a crossing pedestrian at a blind spot.
    • A bicyclist may ride their bike on the sidewalk instead of the designated bike lane, and then strike a standing pedestrian.
  • An at-fault pedestrian of a pedestrian accident:
    • A pedestrian may stand in the bike lane while waiting to cross the street, then get struck by a passing bicyclist.
    • A pedestrian may stand in between two parked cars and then step onto the street, then get struck by a passing motor vehicle.

What can I do to hold the at-fault party accountable for my injuries?

Regardless of whether you are a motor vehicle driver, motorcyclist, bicyclist, or pedestrian involved in a pedestrian accident, you must still follow the same, standard procedure while at the scene of your accident. This is important if you want any chance at successfully holding the at-fault party accountable for your injuries in a future personal injury claim. This standard procedure reads as follows:

  1. Call 911 to bring a law enforcement officer to the scene.
  2. Take photos of your bodily injuries, property damages, and the overall scene.
  3. Exchange contact information and insurance information with all other parties involved.
  4. Request video camera footage from businesses and intersections neighboring the scene.
  5. Seek medical treatment from first responders who arrive at the scene.
  6. Attend follow-up medical treatments as directed by your primary healthcare provider.
  7. Obtain legal representation from a proficient personal injury lawyer.
  8. File your personal injury claim before Maryland’s two-year statute of limitations.

Whenever you are ready, a competent St. Mary’s County auto accident lawyer is here to provide legal assistance. So please schedule your initial consultation with us at The Dorsey Law Firm today.