Pedestrian Accident Attorneys in Wheaton
Helping You Fight for the Fair Compensation You Deserve
Pedestrians often suffer severe, even catastrophic injuries as a result of being struck by a vehicle. Based on the congested and dense traffic conditions in Montgomery County, Maryland, these incidents are quite common. Pedestrian accidents often result in victims suffering terrible and painful injuries; sometimes, these injuries are fatal.
These types of personal injury claims are factually and legally complex. In order for a victim to receive the full compensation they are owed, it’s critical that they obtain experienced legal counsel. For over 25 years, the Wheaton pedestrian accident attorneys at Portner & Shure, P.A. have been successfully obtaining compensation for injured pedestrians in Montgomery County and throughout Maryland.
Contact us online or call our office at (855) 954-4141 to learn more about how our legal team can assist you with your pedestrian accident claim during a free initial consultation.
Are Drivers Always at Fault for Pedestrian Accidents?
It may seem that, due to the amount of damage they can cause to relatively unprotected pedestrians, motorists in vehicles are always at fault for pedestrian-vehicle collisions. However, this is not always the case. If a pedestrian acted negligently or unlawfully, they could be barred from collecting compensation under Maryland’s rule of contributory negligence.
The facts surrounding the collision and a victim’s location at the time of the incident are extremely important. Stated simply, Maryland law requires drivers to stop for pedestrians at crosswalks and intersections in which the pedestrian is on the portion of the roadway that the vehicle is traveling. Generally, it is easier to prove that the driver is liable if they proceeded in violation of a red light or failed to stop at a stop sign.
Defenses in Pedestrian Accident Cases
Maryland adheres to the doctrine of contributory negligence. Under this doctrine, if a victim is deemed to have contributed to the accident, they are precluded from recovering damages. Additionally, Maryland also adheres to the defense of assumption of risk. Under this defense, a victim is precluded from recovering if evidence is offered that a victim had knowledge of the risk of potential harm, appreciated the risk, and voluntarily undertook an action despite the risk of danger.
With regards to pedestrian claims, contributory negligence is asserted if a pedestrian entered a crosswalk with a “do not walk” signal displaying. Pedestrians are also required to follow traffic laws. Accordingly, if a pedestrian entered an intersection that did not have a crosswalk, they are required to yield to traffic. Their failure to do so may also constitute contributory negligence and/or assumption of risk.
Why Hire an Attorney?
Though they may seem relatively straightforward, pedestrian accident claims can actually be very complex. Working with an experienced Wheaton pedestrian accident attorney, like those at Portner & Shure, P.A., can help you ensure that you do not make any mistakes that ultimately end up costing you your recovery.
For over 25 years, our firm has been providing trusted legal representation to victims of pedestrian accidents throughout the state of Maryland. We have earned numerous five-star reviews from past clients, as well as awards and accolades for our legal services and commitment to the highest ethical standards. Portner & Shure, P.A. does not collect any attorneys’ fees unless we successfully secure compensation on your behalf.
For a free, confidential consultation, call us at (855) 954-4141 or contact us online.