Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.
Our Annapolis pedestrian accident lawyers have been handling cases involving motor vehicles colliding with pedestrians for nearly 70 years. In that time, our attorneys have gained a wealth of experience and been recognized for our numerous victories in litigation, arbitration, and speedy settlements. With distracted driving accidents on the rise, it is more important than ever to remain diligent as a pedestrian.
While drivers should always yield to pedestrians, this does not always happen. Pedestrian accidents happen because they are driving too fast, or they do not see them at all. However, they also may happen due to the fault of a pedestrian. In May of 2020, Anne Arundel County introduced Vision Zero. The purpose of the plan is to promote a safer roadway system for all users, hoping to save lives. Vision Zero is designed to increase the number of pedestrians on the road and reduce vehicular use. The thought is this will lead to reliable alternatives to driving. With less driving will hopefully come fewer driving accidents and pedestrians struck. By 2040, 20 years after the plan was introduced, Anne Arundel County hopes to have zero motor vehicle accidents in Annapolis and the surrounding area.
Anne Arundel County cites 1,369 driving accidents on local roads due to distracted driving from 2016 to 2020. They state that your odds are slightly more likely to be hit in a speeding accident on local roads than on state roads. Furthermore, the statistics considering speed are alarming. When a pedestrian is hit at a speed of 20 mph, he has a 90% chance of survival. But with just a slight increase to 30 mph, the odds are 50%. When the driver is going 40 mph, the odds of survival for a pedestrian are just 10%. Of course, this depends on the survivability of the pedestrian as well as whether he or she is hit by a car, motorcycle, or truck.
Given the obvious and catastrophic consequences of an Annapolis pedestrian accident, we next consider what makes a viable negligence claim. There are four elements to prove for a viable claim. Your Annapolis pedestrian accident lawyer must prove each of these four elements. There must be the existence of a duty on the part of the defendant to conform to a specific standard of conduct, a breach of that duty by the defendant, the breach must be an actual and proximate cause of your injury, and we must prove your injury. Of course, each element requires an experienced Annapolis pedestrian accident lawyer.
Even if we can prove these four elements, there may be defenses available to the defendant tortfeasor. The most common defense is contributory negligence. Maryland is just one of five jurisdictions in the United States that follow a contributory negligence standard. This standard holds that even if you as the plaintiff are even 1% negligent yourself, then you are unable to recovery for your injuries. Of course, a competent and skilled attorney knows how to argue against this defense. But it is a legitimate defense and the facts do not always support defeating the argument. Accordingly, it is imperative to consult with a top-rated Annapolis pedestrian accident lawyer to discuss your case and understand your options.
While less common than a negligence action, it is possible that you have a claim for intentional conduct. One such example may be that the defendant strikes you with his or her car intentionally. In this case, you may have a claim for civil assault or battery. The elements for a civil battery include a harmful or offensive contact to the plaintiff’s person, intent, and causation. Battery is unique because it requires the intentional element. That is primarily what differentiates it from a negligence claim.
Assault is similar in that it also requires the intentional element. However, it does not include the harmful or offensive touching element. Instead, it requires apprehension of imminent contact. As a practical example, if someone is charging you with their car, and you dive out of the way and are not hit, you may have a claim. However, it is generally only worth pursuing civilly if you suffer an injury due to the dive.
If you believe you may have a case, whether for negligence or intentional conduct, call our Annapolis pedestrian accident lawyers today. Our consultations are always free. We look forward to speaking with you.
Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.