In Washington DC alone, there is over one pedestrian death per week (53 per year). Frequently, the fatalities are a combination of the driver's speeding and the pedestrian's lack of protection. Although, there can be many reasons for a pedestrian to be struck by a two ton vehicle, which is why it's important to stay vigilant. Here's a list of the most common causes of pedestrian accidents.
- Speeding/reckless driving
- Hazardous weather conditions
- Texting while driving
- Alcohol use
- Drug use
- Overall tiredness
- Running a red light
If you are a pedestrian and struck by a vehicle, you may have a viable personal injury claim against the driver and/or owner of the vehicle. The law in the local jurisdictions (DC, MD and VA) regarding pedestrian accidents varies slightly. However, in all local jurisdictions, a pedestrian that makes a claim against the vehicle driver/owner, cannot make a successful claim, if the pedestrian is found to be contributorily negligent In DC in particular, the pedestrian must be in a crosswalk if crossing the street, and crossing on a walk sign/green light if there is a light at the walkway. If there is no light or walk sign at the crosswalk, the pedestrian must not dart out in front of oncoming traffic.
Maryland law has some strange quirks as well. In Maryland, if a pedestrian is crossing at an intersection, even if there isn't an actual crosswalk, an imaginary, but "statutory crosswalk" exists at the light, between two opposite corners. If there is an actual crosswalk, like in DC, the pedestrian must cross in the walkway on a walk sign or green light, if there is one.
A pedestrian struck by a Maryland insured vehicle is also entitled to make a Personal Injury Protection (PIP) claim against the striking vehicle (as long as that vehicle "touched" the injured pedestrian, without precluding or in any way diminishing the value of the underlying liability claim.
It's imperative that you call to discuss your case with an experienced attorney to discuss your options. D.C., Maryland, and Virginia attorney Roger Gelb and his firm have represented over 10,000 clients and have recovered in excess of $100,000,000.00 (one hundred millions dollars) since its founding in 1954. Contact us today for a free consultation.