Schlachman, Belsky, Weiner & Davey, P.A.

Baltimore Law Blog

Maryland residents understand that injuries can happen on the road if drivers do not watch what they are doing. While any auto accident can leave those involved with personal injury, the stakes are even higher when a pedestrian is involved.

For example, two teenagers recently were left with serious injury after a hit and run accident occurred late on a Friday night. The kids, one 15-year-old boy and one 13-year-old girl, were struck by a large SUV while they were walking on a road near one of the teen's homes.

When the police arrived, the driver of the SUV had left the scene. The teens were both transported to the hospital.

Typically, in a personal injury lawsuit originating from a pedestrian accident, the injured pedestrian still must establish the driver's violation of a standard of care, similar to any car accident. Accordingly, the driver must have violated a standard of care, such as by failing to yield to the pedestrian at a crosswalk. If the pedestrian can establish the driver's negligence, the driver will be liable for causing the pedestrian's injuries and the damages resulting from the injury.

Other principles of negligence also apply, like contributory negligence. This doctrine applies if a pedestrian was partially at fault for the accident. This could happen if the pedestrian failed to follow the rules of the road himself or herself, such as by crossing in the middle of the road instead of at a stoplight or crosswalk. If this is the case, the pedestrian's damages will be reduced by the proportion of the pedestrian's fault in the accident.

Source: CBS Baltimore, "2 teens injured by hit-and-run driver," April 13, 2013

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