Upper Marlboro Pedestrian Accident Attorneys

Pedestrian Accidents in Prince George’s County

Pedestrians have virtually zero protection against the immense size and weight of cars, trucks, motorcycles, and other vehicles, meaning they are at risk of severe bodily injury and death when they are struck by careless or reckless drivers. As a result, motorists have a responsibility to yield the right of way to pedestrians whenever possible.

If you or someone you love was hit by a negligent motorist, you could be entitled to financial compensation—and Farmer & Klopfer can help. Our Upper Marlboro pedestrian accident attorneys have been fighting on behalf of victims of negligence since 1978. We have a long track record of success and have recovered millions of dollars on behalf of our clients, providing them with the means to heal and move forward with their lives.

Find out how our legal team can help you seek the justice you deserve; call (240) 245-2229 or contact us online today to schedule a free consultation.

Common Causes of Pedestrian Accidents

A pedestrian accident occurs when a person on foot is struck by a vehicle. These accidents can result in serious injuries or even fatalities, given the vast difference in size and weight between a person and a vehicle.

Here are some common causes of pedestrian accidents:

• Distracted Driving: Drivers who are distracted by their phones, navigation systems, or other activities may not notice pedestrians crossing the road.
• Speeding: Speeding reduces a driver's reaction time and ability to stop quickly, making it more likely for them to hit a pedestrian.
• Failure to Yield: Drivers failing to yield to pedestrians at crosswalks or intersections is a common cause of accidents.
• Driving Under the Influence (DUI): Drivers impaired by alcohol or drugs are less likely to see pedestrians or react appropriately to their presence.
• Poor Visibility: Low light conditions, bad weather, or obstructed views can make it difficult for drivers to see pedestrians.
• Ignoring Traffic Signals: Both pedestrians and drivers ignoring traffic signals can lead to accidents. For example, pedestrians crossing against the light or drivers running red lights.
• Backing Accidents: Drivers backing out of driveways or parking spaces may not see pedestrians behind them.
• Drowsy Driving: Fatigued drivers have slower reaction times and impaired judgment, increasing the risk of hitting pedestrians.
• Aggressive Driving: Aggressive driving behaviors such as tailgating or weaving in and out of traffic can put pedestrians at risk.
• Inadequate Infrastructure: Poorly designed roads, lack of sidewalks, or insufficient crossing signals can contribute to pedestrian accidents.

Do Pedestrians Always Have the Right of Way?

Maryland law requires motorists to yield to pedestrians whenever possible to avoid a collision. Drivers of all types of motor vehicles should always be aware of pedestrians and take the necessary precautions—such as leaving adequate space between vehicles and pedestrians—to avoid causing serious injury or harm.

By law, motorists must yield the right of way to pedestrians in the following situations:

• When a pedestrian is crossing a roadway in a marked or unmarked crosswalk, including at intersections where traffic control devices are in use
• When another vehicle has stopped to let a pedestrian cross (motorists may not pass vehicles stopped for pedestrians)
• When turning right on a red light, right or left or green light, at a stop sign, or anywhere else where traffic control devices are in use

Motorists are also prohibited from blocking crosswalks and must exercise “due care” when driving near pedestrians, especially those who appear confused, disorientated, intoxicated, lost, or impaired.

That being said, there are certain times when pedestrians do not have the right of way and, instead, are required by law to yield to vehicles. Specifically, any time a pedestrian crosses a roadway outside of a marked or unmarked crosswalk, they must yield to oncoming traffic. This includes when crossing a street between adjacent intersections with traffic control devices, such as stop signs, red lights, and yield signs.

Pedestrians should also use marked crosswalks when they are available—failing to do so constitutes “jaywalking” and comes with various fines—as well as sidewalks and designated pedestrian crossings, such as bridges or tunnels. Maryland law also requires pedestrians to obey all traffic control devices, including red lights and “do not walk/wait” signals, and prohibits pedestrians from crossing intersections diagonally unless there are signs explicitly permitting diagonal crossings.

Who is Liable for a Pedestrian Accident?

In Maryland, liability for a pedestrian accident can vary depending on the specific circumstances of the incident. Here's a general overview of who may be held liable:

• Driver Liability: Typically, the driver of the vehicle involved in the accident may be held liable if they were negligent or at fault. This includes situations where the driver was speeding, driving under the influence, distracted, failed to yield to pedestrians, or violated traffic laws.
• Pedestrian Liability: In some cases, pedestrians may also be partially or fully at fault for an accident. For instance, if a pedestrian crosses the street illegally or suddenly darts into traffic, they may bear some responsibility for the accident.
• Vehicle Owner Liability: If the vehicle involved in the accident was owned by someone other than the driver (e.g., a rental car or employer-owned vehicle), the owner may also be held liable under certain circumstances, such as negligent entrustment (i.e., allowing an incompetent or reckless driver to use the vehicle).
• Government Entity Liability: In cases where poor road design, lack of proper signage, or other municipal factors contributed to the accident, the government entity responsible for maintaining the roadways may be held liable.
• Manufacturer Liability: In rare cases, if a defect in the vehicle contributed to the accident (e.g., faulty brakes), the manufacturer may be held liable for the resulting injuries or damages.

Determining liability in a pedestrian accident can be complex and often requires a thorough investigation of the facts and evidence surrounding the incident. Anyone involved in such an accident should seek legal advice from an experienced personal injury attorney who can assess the situation and provide guidance on the appropriate course of action.

To request a free consultation with a member of our team, call (240) 245-2229 or contact us online.