Compassionate Legal Support When You Need It Most

Compassionate Legal Support When You Need It Most

How to determine who is at fault in an accident

One of the scariest accidents that a motorist in Maryland or anywhere in the U.S. may face is one involving a pedestrian. Such tragedies tend to place the pedestrian in a more vulnerable position as they meet more damage while the motorist gets little to no injuries.  Maybe it is due to this fact that many find pedestrians not to be the ones at fault for an accident.

That may not always be the case. There are indeed common scenarios where the driver is at fault for an accident, such as failing to stop near a crosswalk sign, running a red light, and making a turn just in front of a pedestrian crossing. However, pedestrians, too, may lead to accidents if they do not exercise enough care while on the road. They have a better chance of preventing accidents than the driver since most car accidents happen on the roadway. It is the pedestrians that determine when to leave the sidewalk and get into the road. If a pedestrian walks into the street from an area not visible to the driver, the accident fault lies on the pedestrian. If the driver makes any evasive maneuvers to avoid the pedestrian and happens to crash into other cars, the pedestrian will have to cater to the damages.

From a legal standpoint, it is the law of negligence that determines who is responsible for an accident. The state of Maryland follows a stringent law of contributory negligence. The rule prevents the injured in an accident from receiving any damages if they had a role to play in the accident no matter how small. Even if the other party has the highest percentage of fault, the court argues that the injured also has a part in it too.


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