Understanding Pedestrian Accidents and Your Legal Rights in Maryland

Pedestrian accidents are a tragic reality on the roads of Maryland, often resulting in severe injuries or even fatalities. These accidents can be life-altering for victims and their families, further complicated by the challenges they face in navigating the legal landscape to secure fair compensation. 

The dedicated team at The Law Office of Ben Evan understands the devastating consequences pedestrian accidents can have on victims and their loved ones. Our commitment is to provide you with the highest level of representation, ensuring your rights are protected and that you receive the compensation you rightfully deserve. Reach out for a free consultation today, and let our experienced personal injury attorneys in Upper Marlboro, Maryland, guide you through the complexities of your pedestrian accident claim, paving the way for a just and equitable outcome.

Understanding the Duties of Drivers and Pedestrians in Maryland

Both drivers and pedestrians share the responsibility to ensure safety on Maryland roads. Familiarizing yourself with their respective duties can help clarify the legal landscape of pedestrian accident cases:

1. Driver Responsibilities: Under Maryland law, drivers must exercise caution when approaching pedestrians, obey traffic signals, and yield to pedestrians at marked crosswalks and unmarked intersections. Additionally, drivers are required to maintain a safe speed and avoid distracted driving, which can lead to pedestrian accidents.

2. Pedestrian Responsibilities: Just as drivers must adhere to traffic laws, pedestrians are also required to abide by specific regulations, such as using designated crosswalks, obeying traffic signals, and not suddenly stepping off the curb into the path of a vehicle. Furthermore, pedestrians should exercise reasonable care to avoid injury.

Navigating Maryland’s Contributory Negligence Rule in Pedestrian Accident Claims

When it comes to determining fault in pedestrian accidents, Maryland’s contributory negligence rule is a crucial factor to understand:

1. Pure Contributory Negligence: Under this rule, if a pedestrian accident victim is found to be even slightly at fault for their injuries, they may be barred from recovering any compensation in Maryland. This is a significant departure from the comparative negligence rule followed by other states.

2. The Importance of Legal Representation: Due to the harsh implications of the contributory negligence rule on pedestrian accident victims, it is crucial to retain an experienced personal injury attorney who can gather evidence and build a solid case to prove the driver’s negligence while refuting allegations of the pedestrian’s fault.

Compensation for Pedestrian Accident Victims in Maryland

Pedestrian accident victims may be entitled to various types of compensation, depending on the specific details of their case:

1. Medical Expenses: Victims may seek compensation for their medical bills, including hospital stays, surgeries, therapies, medications, and assistive devices related to the pedestrian accident.

2. Lost Wages: If the injuries sustained preclude the victim from working, they may be compensated for lost wages, as well as future diminished earning capacity if their ability to work is permanently impacted.

3. Pain and Suffering: Compensation for non-economic damages includes physical pain and emotional distress, along with anxiety, depression, disfigurement, or disability resulting from the accident.

4. Loss of Consortium: In some cases, the victim’s spouse can also seek compensation for the loss of companionship, affection, or support.

The Crucial Role of Timelines and Statutes of Limitations in Pedestrian Accident Claims

Timeliness is key in filing a pedestrian accident claim due to Maryland’s statute of limitations:

1. Three-Year Deadline: In Maryland, a strict three-year time limit applies to personal injury claims, starting from the date of the accident. Failing to file within this deadline may result in the loss of your right to seek compensation.

2. Acting Quickly: Given the time-sensitive nature of these cases, it is essential to act quickly and consult with an experienced personal injury attorney as soon as possible after the accident. Swift action allows your attorney to gather evidence, interview witnesses, and build a strong case in your favor.

The Importance of Retaining an Experienced Maryland Personal Injury Attorney

Hiring a skilled personal injury attorney familiar with Maryland’s unique legal landscape is crucial in successfully navigating pedestrian accident claims:

1. Case Evaluation: A knowledgeable attorney can assess your case, identify key evidence, and determine the appropriate compensation amount based on your injuries and the circumstances surrounding your accident.

2. Settlement Negotiations: Legal representation ensures that your rights are protected during negotiations with insurance companies as your attorney works to obtain a fair settlement on your behalf.

3. Litigation Support: If necessary, a skilled personal injury attorney can take your pedestrian accident claim to court, advocating for your rights and fighting to secure the compensation you deserve.


Navigating the legal landscape of pedestrian accidents in Maryland can be daunting, particularly given the state’s unique contributory negligence rule and strict statute of limitations. By retaining an experienced personal injury attorney in Upper Marlboro, Maryland, you can ensure that your rights are protected and that you receive the compensation you rightfully deserve. 

Contact the Maryland personal injury lawyers at The Law Office of Ben Evan today for a free consultation, and let our skilled attorneys shoulder the burden of your legal fight so you can focus on your recovery. The dedicated team at The Law Office of Ben Evan is committed to providing you with the highest level of legal representation with compassion and experience, guiding you through every step of your pedestrian accident claim in pursuit of justice and fair compensation.

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