Pedestrian Accidents

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.

As with any personal injury claim, it is critical to call attorney Roger Gelb to discuss your case as soon as possible.