Pedestrian accidents are a major concern in Montgomery County, Maryland. Statistically there have been more pedestrian accidents in Montgomery County than homicides, making pedestrian accidents one of the top three causes of death in the county. The general consensus believes there are as many careless walkers as careless drivers that have caused hundreds of pedestrian-involved accidents in Montgomery County. Typically more pedestrian accidents occur in the winter months when it becomes dark around 4:30 to 5:00 p.m. and motorists cannot see the pedestrians.
According to an article in the Washington Post, approximately 22% of Maryland pedestrian accidents occur in parking lots and present a significant danger, especially to senior citizens. The county spends over $30 million a year on pedestrian safety. County Executive Isiah Leggett is planning on launching a campaign to focus on parking lot safety. It would appear that traffic engineers need to design dedicated paths throughout parking lots away from the cars for the safety of the pedestrians and to decrease the rise in these types of accidents.
In Maryland, if a pedestrian is struck by a car and is injured, he has the right to make a claim against the driver of that vehicle, and is also entitled to make a claim for personal injury protection benefits (no fault benefits) against that driver's policy. The pedestrian should also be aware that if they too own a car and have personal injury protection benefits greater than the vehicle that struck them, they can also make a claim with their own company for the excess benefits. Naturally the issue that is raised as a defense in most Maryland pedestrian accidents is contributory negligence, which would bar the pedestrian from recovery.
Knowing the laws of contributory negligence, that many presume is unfair and outdated, can make the difference in winning your case. Portner & Shure has handled hundreds of pedestrian accidents and has been successful overcoming the issue of contributory negligence. It is also important to have a firm, like ours, that is in the Montgomery County courthouse on a weekly basis, trying cases and is familiar with the practices of the defense attorneys defending these claims.
If you, a family member, or someone you know was a pedestrian struck by a car, truck, motorcycle or any type of motor vehicle and would like more information on pedestrian accidents, please contact Portner & Shure for a free consultation.
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