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Determining fault in pedestrian-vehicle collisions

On Behalf of | Jan 23, 2025 | Motor Vehicle Accidents |

Pedestrian-vehicle collisions often result in serious consequences. Because of this, identifying who is at fault becomes important. In Maryland, fault plays a key role in resolving liability and holding individuals accountable. Knowing how the state determines fault helps clarify responsibilities for both drivers and pedestrians.

Maryland’s contributory negligence rule

The state uses a contributory negligence rule. This prevents pedestrians from recovering damages if they share any responsibility for the collision. For instance, a pedestrian who jaywalks or crosses against a traffic signal and gets struck by a vehicle may bear partial fault. This rule emphasizes the importance of following traffic laws and exercising caution.

Drivers’ responsibilities in collisions

Drivers must operate their vehicles safely and stay alert to pedestrians. Fault often falls on drivers who engage in behaviors like speeding, running red lights, ignoring crosswalks, or using distractions while driving. When drivers violate traffic laws or act recklessly, they often take responsibility for collisions.

Pedestrians’ responsibilities in collisions

Pedestrians also hold responsibility for following traffic laws. They must use crosswalks, obey traffic signals, and avoid entering the roadway suddenly. Walking along restricted highways or ignoring safety rules increases a pedestrian’s liability in a collision. However, drivers still need to take reasonable steps to avoid hitting pedestrians.

Gathering evidence to determine fault

Investigators rely on evidence like police reports, eyewitness statements, traffic camera footage, and physical clues from the scene to establish fault. They analyze these details to determine whether negligence by the driver, the pedestrian, or both contributed to the collision.

Promoting safety and accountability

Determining fault in pedestrian-vehicle collisions requires a thorough examination of the facts and adherence to the state’s contributory negligence laws. Drivers and pedestrians must take responsibility for following traffic regulations and prioritizing safety. By acting responsibly, both groups can reduce the likelihood of accidents and create safer roads for everyone.