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 rising, it is more important than ever to remain diligent as a pedestrian.
While drivers should always yield to pedestrians, this only sometimes happens. Pedestrian accidents happen because they drive too fast or do not see them at all. However, they also may occur due to a pedestrian’s fault. In May of 2020, Anne Arundel County introduced Vision Zero. The plan aims 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. Less driving will likely mean 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 and whether they are hit by a car, motorcycle, or truck.
Given an Annapolis pedestrian accident’s obvious and catastrophic consequences, we consider what makes a viable negligence claim. There are four elements to prove a possible claim. Your Annapolis pedestrian accident lawyer must prove each of these four elements. There must be a duty on the defendant’s part 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, defenses may be 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, you cannot recover 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. So, you must consult a top-rated Annapolis pedestrian accident lawyer to discuss your case and understand your options.
While less common than a negligence action, you may have a claim for intentional conduct. One such example may be that the defendant intentionally strikes you with his or her car. In this case, you may have a claim for civil assault or battery. The elements for a civil battery include harmful or offensive contact with the plaintiff’s person, intent, and causation. The battery is unique because it requires an intentional element. That is primarily what differentiates it from a negligence claim.
Assault is similar in that it also requires an intentional element. However, it does not include the harmful or offensive touching element. Instead, it involves 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.
Call our Annapolis pedestrian accident lawyers today if you believe you may have a case, whether it is intentional conduct or negligence. Our consultations are always free. We are excited to speak with you.