Not Paying Attention May Forfeit Your Right to Recovery

In Maryland, Virginia, and Washington DC, unlike some other states, you have to prove that you had no responsibility for being injured. If a Judge or Jury is able to look at the facts of how you were injured, and establish that something you were doing may have contributed to the accident, they may not find in your favor.

With the prevalence of handheld devices and the use of headphones on the rise, these items increase your chances of being injured while out for a walk or a bike ride because they diminish your senses to your surroundings.You may not hear that vehicle approaching you, or someone honking their horn, you may have also forfeit your right to recovery because you weren’t paying attention. If you’ve been involved in an accident as a pedestrian or a cyclist you need an experienced attorney to prove you had no contribution to your accident. 

Two Pedestrians Struck by Car at Maryland Bus Stop

          Over the weekend, two people who were waiting at a “Ride On” bus stop in Kensington, Montgomery County, Maryland, were struck by a Toyota Prius that drove directly into the bus stop.  The accident occurred Saturday morning on Connecticut Avenue near Howard Avenue.  A witness at a nearby gas station said he saw three people at the bus stop, and two of them managed to get out of harm’s way, but the third pedestrian was hit and pinned under the car.  That person who was stuck under the car was an 18-year-old woman who fire fighters were able to rescue.  Witnesses described the whole scene as “pretty graphic.”  The 18-year-old woman suffered two broken legs, and doctors say she is expected to survive.  The other pedestrian that was struck refused treatment at the scene.

           

            The driver of the Prius was a 61-year-old man from Silver Spring.  Police originally thought this accident was the result of a DUI, but later determined that was not the case.  Instead, officials believe some medical emergency, such as a seizure, likely caused the crash.  The driver was taken to the hospital to be treated for non-life-threatening injuries.  Police officers have since said that the driver will be ticketed for the crash.

            Sadly, this is the second accident in Montgomery County in a two-week period involving pedestrians being hit by cars at a bus stop.  On February 18, “an out-of-control car” struck and killed Vanessa Dixon in Silver Spring as she was waiting at the Montgomery County “Ride On” bus stop.  The driver in this accident, a 22-year-old man, was arrested for suspicion of DUI.

            Although the accident this past weekend was not alcohol related, the fact that two accidents have occurred at bus stops in Montgomery County in a two-week period raises concerns about pedestrian safety.  Bus stops are set up very close to the road without any protection for pedestrians waiting for buses if a car does drive off the road and onto the sidewalk.  New safety procedures might need to be considered in order to better protect pedestrians waiting at bus stops.

            If you or a family member have been injured or killed in an accident at a bus stop or similar situation and would like to consult an experienced personal injury attorney for free, contact our office at (301) 854-9000 or visit us online at http://www.portnerandshure.com/Personal-Injury/

Hit-and-Run Kills Pedestrian Near Laurel

           Last night, a 38 year-old man was killed and a woman was injured in a hit and run crash along the northbound lanes of the Baltimore Washington Parkway near Route 197.  The victim is from Washington, D.C. and his identity has not been released yet.

            Police are still investigating the cause of the accident, why the man and woman were walking on the Baltimore Washington Parkway, and the identity of the driver of the car.  It is believed that once the vehicle struck the two pedestrians, it continued driving north on the parkway.

            Unfortunately, thousands of pedestrians are killed each year in accidents and actually the numbers have been increasing nationwide in recent years.  2010 data from the National Highway Traffic and Safety Administration (NHTSA) placed Maryland as the seventh most dangerous state for pedestrians with 1.75 fatalities per 100,000 residents.  However, the most recent statistics do not have Maryland ranked in the top ten for worst states for pedestrians.  According to the NHTSA, nearly 3 out of 4 pedestrian deaths occur in urban environments, at intersections, during the nighttime.  In addition, more than a third of pedestrian deaths involve alcohol.

            The most important determining factor in a pedestrian accident case is whether the pedestrian was lawfully crossing the street at the time of the crash.  In other words, was the pedestrian crossing the street against the signal, crossing outside the crosswalk, or texting while crossing, or was the pedestrian crossing with the “walk” signal and inside the crosswalk.  Because Maryland is a contributory negligence state, if the victim pedestrian is negligent in any way, they cannot recover in a civil lawsuit.

If you or a family member has been injured or killed by a driver while crossing the street, contact Portner & Shure for a free legal consultation or if you would like more information on pedestrian accidents at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Personal-Injury/