The Law Office of Matthew E. Bennett

A Maryland Law Firm Based in Silver Spring And Serving Surrounding Communities

Can pedestrians be at fault for accidents with vehicles?

On Behalf of | May 27, 2022 | Injuries

As a pedestrian injured in an accident with a motor vehicle, you may believe that you can automatically recover damages from the car’s driver.

However, this is not always the case. In fact, in Maryland, if you share any fault for the accident, you cannot sue for injuries sustained because of this incident.  Here are some scenarios in which the person on foot could be partially responsible for accidents.

1. You crossed outside of a crosswalk

If you crossed a street or a road outside of a clearly marked crossing area and a vehicle struck you, you are partially at fault for the incident.

2. You jogged while distracted

If a vehicle struck you while jogging, you could bear part of the responsibility. This is true even if they failed to stop at a red light before turning right. Scenarios in which the on-foot party could be responsible include when headphones impair that person’s hearing and when the pedestrian is looking at their phone.

3. You failed to follow traffic or walking signals

Suppose you crossed outside of a designated crosswalk or on a red light and became injured by an oncoming vehicle. In that case, a court could consider you partially at fault and therefore decline to award you any damages if you try to pursue a lawsuit.

Though as an injured pedestrian, you may feel entitled to compensation, this is not always the case. Follow all rules of the road whether in a car or on foot.

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